Federal Court Report 

Applicant Properly Disqualified Because of Lifting Restrictions Complaining About Paramour Favoritism Does Not Support Retaliation Claim Female Police Officer Fails to Show Gender Bias Flexible Work Schedule Was Not Reasonable Accommodation Under ADA Black Mail Carrier Charged with Theft Failed to Show Similarly Situated White Employee Official’s Single Use of ‘N-Word’ Could Create Hostile Environment Court Orders Arbitration of Wage Claims Despite Class-Action Waiver Ostracism and Petty Mistreatments Can Add Up to Hostile Work Environment Plan Fiduciary’s Offset of Veterans’ Benefits Violates ERISA Employer’s Job Description Instrumental in Determining Essential Duties Occasional Offensive Remarks Did Not Create Hostile Work Environment Boy Scouts Discriminated Against Egyptian-American Muslim, Court Rules Plan Administrator’s Reliance on Expert Did Not Satisfy Duty of Prudence Asking Jailer on Multiple Dates Not Harassment Insurance-Fraud Investigators Within FLSA Overtime Exemption Terminated Employee Cannot Claim SOX Whistle-blower Status Female Referee Is Employee of Multiple Employers Stricter Standard Adopted for Retaliation Claims Under Rail Safety Law Undocumented Workers May Recover Unpaid Wages Under FLSA Court Adopts Liberal Standard for Protected Whistleblower Activity Under SOX Arbitration Agreement that Barred Title VII Class Actions Was Enforceable Discrimination Claim Proceeds Due to Uncertainty over Resignation Former Employee Must Arbitrate Age Discrimination Claim Worker’s Mitigation of Sensitivities Defeats Disability Claim Repeated Solicitation for Sexual Relations Sufficient to Sustain Sexual Harassment Claim Employer’s Retaliatory Actions Not Considered ‘Petty Slights’ No FMLA Violation for Timely Reinstatement Dukes v. Wal-Mart Applies to Wage-Hour Class Action Employer’s Conflicting Policies Result in Trial on Bias Claim Fired Principal Lacks First Amendment Claim Unforeseeable Business Circumstances Excused WARN Act’s 60-Day Notice Requirement Employee’s Failure to Give Notice of Need for Leave Dooms FMLA Claims Single Egregious Act Could Create Hostile Work Environment Layoff Based on Performance Evaluations, Not Discrimination Deaf Applicant for Lifeguard Job Entitled to Trial Employee’s Destruction of Computer Files Draws Adverse Inference from Jury Retail Store Manager’s Inability to Work Full Time Justified Termination No Finding of Race Discrimination in Failure-to-Promote Case Retired Female UPS Dispatcher’s Age, Sex Discrimination Claims Rejected Disciplinary Policies and Management Conduct Influence Retaliation Claims No First Amendment Protection for Speech that Contradicted Employer’s Policy CBA Interpretation Not Needed in Worker Accommodation Dispute Vegan Employee’s ‘Sincerely Held Belief’ May Support Religious-Discrimination Claim ADAAA Does Not Apply Retroactively Calling Officer ‘Cripple’ Not Evidence of Disability Discrimination Promotions Were Incompatible With Hostile Work Environment ERISA Plan Administrators Have Broad Discretion Regarding Plan Contributions Termination Is Valid ‘Re-employment Position’ Under USERRA Employee Fired After Leave Request Lacks Triable FMLA Claims Employer’s Adherence to Disciplinary Policy Defeats Claims E-mail to No-Show Employee Was Not ‘Medical Inquiry’ Employer Not Entitled to Restitution for Overpayment to Health and Pension Funds EEOC Can Bring Sex Discrimination Suit, Is Not Liable for Attorney Fees Nurse’s FMLA Lawsuit Revived; Doctor’s Note Indicated Need for Leave FLSA Permits Automatic Meal Break Deductions Neutral Ranking Criteria Insulate Employer in Reduction-in-Force Chicago Police Clerk’s Religious Bias Claim Fails Former Bank Employee Failed to Prove Denial of Promotion Was Discriminatory Trial Court Erred in Denying Injunction to Bar Harasser from Store Music Director’s Discrimination Claim Barred by ‘Ministerial Exception’ Mortgage Bankers Not Entitled to Overtime Under FLSA Failure to Rebut ‘Honest Belief’ in Firing Reasons Dooms Age-Bias Claims Discharge of Attorney Was Not Due to Discrimination Age Bias Claim Should Go to Jury Retaliation Played No Role in Employee’s Termination Worker with Wrist Injury Not Regarded as Limited in Major Life Activity Licensed Practical Nurses Ruled Ineligible for Union Representation Modified Workweek Resulted in Lower Overtime Wrongful Discharge Claim Not Permitted Under State Medical Marijuana Act No Nexus Between Protected Class Status and Employment Action School District Worker Spoke as Employee When Reporting Pay Mistakes Union Member’s Title VII Claim Falls Outside of Grievance Process Hotel Management Engages in Bad-Faith Bargaining Employee Not Entitled to ‘Indefinite Reprieve’ from Essential Functions Exception to Attorney-Client Privilege Extended to Insurers Acting as Plan Administrators Job Reassignment Was Required by ADA Move to Straight Shift Not Reasonable Accommodation Brief Complaint Enough to State Bias Claim $3.5 Million in Punitive Damages Awarded for Hostile Environment Employee’s Casual Comments Were Insufficient FMLA Notice Job Trainee May Pursue Disability Bias Claim Company’s Sale of Division Did Not Violate ERISA Fired Manager Lacked Triable Whistle-Blower Claim Dismissal Improper in Mixed-Motive Case ADA Does Not Require Accommodation for Disabled Daughter Federal Appeals Court Rules on Georgia Immigration Law Psychological Counseling Is ‘Medical Examination’ Under ADA Firefighters Promotional Exam Passes Title VII Challenge No Retaliation Claim Where Supervisors Did Not Know of Protected Activity Court Affirms Rights of Army Veteran Despite Possible Dishonesty Terminating Employee Who Requested Leave May Have Violated FMLA FMLA Does Not Prohibit Discharge of Employee Abusing Leave Supervisor’s Use of Epithets Supports Harassment Verdict Claim Employer Hired Undocumented Workers Does Not Establish RICO Violation Courts Must Defer to EEOC Assessments of Relevance Termination of Deaf Employee Did Not Violate ADA Continuing Violations Theory Does Not Apply to Promotions Job Need Not Be Kept Open Indefinitely Under FMLA Lack of ‘Significant Control’ Excludes Stockholder as Joint Employer Unforeseeable Business Circumstances Excuse WARN Act Requirement Assertion that Misconduct Allegations Were Recanted Sends ERISA Retaliation Claim to Trial Doctor’s Visit for Prescription Refill Not ‘Treatment’ Exhaustion Requirement Did Not Bar ADA Claims Title VII Does Not Protect Opposition to All Unlawful Activity Classroom with Windows Was Reasonable Accommodation Racial Comments Support Harassment and Constructive Discharge Claims Male-on-Male Teasing Not Sexual Harassment Defense of Marriage Act Deemed Unconstitutional Employee Need Not Show Bias Was ‘Sole Cause’ for Employment Action Equal Pay Act Defenses Clarified ADA Causation Standard Clarified Statistical Evidence Alone Can Establish Prima-Facie Disparate Treatment Claim All Federal Circuits Now Recognize Cause of Action for Retaliatory Hostile Environment Duties of Plan Fiduciaries in ESOPs Clarified Company Assumed Successor Liability for Retiree Health Care Benefits Factory Workers Not Entitled to Compensation for Clothes Changing or Travel Time Loss of Leave Time Constituted Adverse Employment Action New York City PLAs Not Pre-empted by Federal Labor Law Starbucks May Limit Number of Pro-Union Buttons Worn by Baristas Title VII Does Not Recognize ‘Alienage’ as Protected Class Denial of Benefits Satisfies ERISA Despite Conflicting Vocational Reports HR Director Was Not Protected by ‘Participation Clause’ of Title VII’s Anti-Retaliation Provision Store Manager with Bad Knee Could Not Perform Essential Functions of Job FMLA Retaliation Claim Fails Where Employer Believed Claimant Was Abusing Leave Pharmaceutical Sales Reps Administratively Exempt from FLSA Worker’s Heart Condition Poses Direct Threat to Safety under ADA Employee Fired While Pregnant Entitled to Damages FMLA Does Not Excuse Employee’s Abandonment of Position Offensive Language Supported Hostile Environment Claim ERISA Suit Does Not Require Joinder of Trustees Fired Indian Teacher Loses Bias Claim Fraudulent Deprivation of Workers’ Compensation Benefits Violates RICO Retirement Plan That Considered Age Did Not Violate ADEA Unflattering Comments and Stray Remarks Not Gender Discrimination CFAA Criminalizes Hacking Only FLSA Collective Actions Not Incompatible with State Law Class Actions OSHA Recordkeeping Citations Must Issue Within Six Months Suspension with Pay Not Adverse Employment Action Employer’s Insistence That Worker Comply with Attendance Policy Is Not Failure to Accommodate Failure to Develop Alternate Theory of Discrimination Precludes Appeal of Denial of Class Certification Letter Carrier’s Claim of Disability-Based Harassment Properly Dismissed Summary Document Does Not Constitute Terms of ERISA Plan ERISA Permits Union’s Indemnification of Employer’s Pension Liability States Not Immune from DOJ Suits Under USERRA Termination Upheld Despite Improper Designation of FMLA Leave Unequal Severance Packages Are Adverse Employment Actions Back Pay for Retaliation May Be Based on Loss of Job Opportunity Demotion Alone May Lead to Constructive Discharge Enforcement of EEOC Subpoena Seeking Nationwide Data Properly Denied Equal Pay Act Places Burden on Employer to Justify Salary Divergence White Employee Fails to Show Her Termination Was Reverse Discrimination ERISA Requires ‘Administrative Scheme’ for Qualified Plans Title VII Protects Former Employees from Discriminatory Adverse Employment Actions $2 Million Jury Verdict Upheld in Retaliation Case Co-owner Who Has No Operational Control Over Employees Is Not ‘Employer’ EEOC Must Identify Individual Claimants and Investigate Claims Before Filing Suit Award of $417,955 in Damages, Fees Upheld in Retaliation Case Court Rules on Controversial NLRB Poster Requirement Employee Who Could Not Work Overtime Was Not Disabled Under ADA Employer May Terminate Employee Who Exhausts FMLA Leave Arbitration Agreement Cannot Expand FAA Scope of Judicial Review ERISA Pre-empts State Law Breach of Contract Claim No ERISA Violation When Employees Lost Some Benefits McDonnell Douglas Applied to FMLA Interference Claim SOX Whistle-Blower Protection Limited to Employees of Public Companies Felony Conviction, Other Misconduct Did Not Limit Back Pay Award FLSA Protects Intra-Company Overtime Complaint Employer’s Organizing Assistance May Be ‘Illegal Payment’ to Union Poor Documentation Regarding Promotion Selection Process Leads to Bias Trial Unclear FMLA Leave Year Nullifies Discharge Consideration of Employees’ Projected Retirement Dates Was Evidence of Age Bias Harassment Policy Mitigated Employer’s Liability for Supervisor Misconduct Release of Embarrassing Video Footage Did Not Support Privacy Claim ‘100 Percent Healed’ Policy Arguably Not Disability Discrimination Court Expands Employee’s Ability to Use Evidence of Comparators Pre-Eligible FMLA Request for Post-Eligible Maternity Leave Is Protected Activity 10th Circuit: Migraine Not Considered Disability Under ADA 1st Circuit: Suspension with Pay Did Not Violate Public Employee’s Due Process Rights 5th Circuit: Terminations Must Be Based on Sound, Demonstrable Facts 6th Circuit: More Education and Experience Do Not Mean Superior Qualifications 7th Circuit: Employer Not Liable Under FLSA for Employee’s Off-the-Clock Work 8th Circuit: Unrepentant Manager’s Title VII Claim Fails 11th Circuit: Employers Must Arbitrate Only if Explicitly Required by Contract 3rd Circuit: Residency Requirement for Firefighter Applicants Violates Title VII 5th Circuit: Perjury in Deposition Justifies Dismissal of Discharge and Harassment Claims 7th Circuit: Offensive Comments Never Equaled Title VII Violation 1st Circuit: FLSA Administrative Exemption Applies to Banquet Sales Managers 4th Circuit: Court Clarifies Rules on ERISA Trustees’ Duties to Investigate and Diversify Investments 9th Circuit: Employer Need Not Reasonably Accommodate Unqualified Employee 11th Circuit: Transgender Employee Fired by Government Employer Is Protected Under Federal Law 3rd Circuit: Stray Remarks Do Not Support ADEA Claim 6th Circuit: With FMLA Claims, Attention to Detail (Not Timing) Is Everything 9th Circuit: Contest NLRB Orders Before Board to Preserve Argument in Court 10th Circuit: Employee ‘Disabled’ Under ADA Despite Nonuse of Medication 7th Circuit: ‘Admissions’ by Managers Admissible in Discrimination Lawsuit 10th Circuit: Part-Time Salesperson Fails to Prove Pregnancy Discrimination 5th Circuit: Employee’s Retirement Obstructs ADA Interactive Process 10th Circuit: Jury Verdict of $2 Million in Punitive Damages Ruled Too High 9th Circuit: Successor Employer’s Refusal to Recognize Union Violates NLRA 11th Circuit: H-2A Employer Not Entitled to FLSA Wage Credits for Worker Housing Costs 8th Cir.: Discrimination Claim Accrued Late in Employer’s Bankruptcy Action not Discharged D.C. Circuit: Affordable Care Act’s ‘Individual Mandate’ Is Constitutional 1st Circuit: Unqualified Applicant Passed Over for Promotion Cannot Advance 7th Circuit: Supervisor’s Ill-Considered E-Mail Forms Basis of FMLA Lawsuit 8th Circuit: Court Reverses Long-Term Disability Offset 10th Circuit: No Call, No Show, No FMLA Interference 2nd Circuit: Court Adopts ‘Presumption of Prudence’ Standard in ‘Stock Drop’ Cases 3rd Circuit: Court Delineates Scope of Employee’s Constitutionally Protected Privacy Interest 1st Circuit: Dismissal of Sex Discrimination, Age Discrimination and Retaliation Claims Upheld 2nd Circuit: Employee’s Contradictory Account Renders Title VII Claim Implausible 6th Circuit: Court Remands Top-Hat Case to Plan Administrator’s Review Committee 1st Circuit: Court Holds Employer Accountable for USERRA Violation 4th Circuit: Title VII’s Religious Organization Exemption Extends to Harassment and Retaliation 8th Circuit: Class Certification Denied in Discrimination Lawsuit 11th Circuit: Arbitration Clause Covers Claims Arising from Rape 2nd Circuit: Employers May Be Obligated to Accommodate Disabled Employee's Commute 2nd Circuit: Returning Service Members Must Be Given Reasonable Opportunity to Rebuild Commission Income 10th Circuit: State’s Sexual Harassment Policy Results in Dismissal of Case Against Judge 5th Circuit: Hostile Work Environment Claim Viable Under ADEA 9th Circuit: Social Workers Not Covered by FLSA’s Learned Professionals Exemption 1st Circuit: Sexual Innuendos and Demeaning Comments Cost Employer $1.6 Million 6th Circuit: Court Tackles Issue of Volunteer Employees Under Title VII 7th Circuit: Employee Must Meet Legitimate Job Expectations to Support ADA Claim W.D. N.Y.: Employers Operating Mixed Fleet of Vehicles May Lose Motor Carrier Overtime Exemption 1st Circuit: Schizophrenic Employee May Continue with ADA Lawsuit 7th Circuit: Court Allows Reduction of Retiree Benefits Under ERISA 11th Circuit: Improper Use of Lie Detector Test Can Result in Legal Action 4th Circuit: Applicant Has No Retaliation Claim Against Prospective Employer Under FLSA 7th Circuit: Court Holds No ‘Token Exception’ in Title VII Discrimination Case 7th Circuit: Termination of Pregnant Employee Raises Multiple Potential Legal Claims 2nd Circuit: Direct Notification Requirement for Sick Leave Violates FMLA 3rd Circuit: Court Examines Cat’s Paw Retaliation Theory 3rd Circuit: Performance Improvement Plan Is Not ‘Adverse Employment Action’ 5th Circuit: Title VII Damages Cap Applies per Party 9th Cir: Section 1981 Retaliation Claim Subject to Four-Year Limitations Period 10th Circuit Puts a Nail in the Coffin for Cash Balance Lawsuits 5th Circuit: Court Dismisses Administrator’s Attempt to Fight ‘Sham’ Divorces 8th Circuit: Challenge to EEOC Subpoena Authority Fails 2nd Circuit: Challenge to ADEA Waiver Rejected 8th Circuit: UPS Employee Failed to Show Race Discrimination or Retaliation 10th Circuit: Court Analyzes Workers’ Time Spent Changing Clothes 1st Circuit: Confidentiality Clause Violates NLRA 6th Circuit: Employee Unable to Prove ADA Claim Based on Wife’s Condition 6th Circuit: Union Member’s Information Gathering for Employer Not Protected Under NLRA 2nd Circuit: Award Permitting Class Arbitration of Discrimination Claims Confirmed 3rd Circuit: Employees Adequately Mitigated Damages; NLRB Back Pay Order Enforced 3rd Circuit: Employer’s Disclosures of Amended Pension Plan Satisfied ERISA 5th Circuit: To Invoke FMLA Protection for Care of Another, Some Geographic Proximity Is Required 7th Circuit: Court Rejects Exemption Argument in FLSA Case 9th Circuit: Defendants in ERISA Benefit Actions Not Limited to Plan and Administrators 1st Circuit: ‘Current’ Year Is Year of Discrimination for Purposes of Title VII Damage Cap 8th Circuit: Replaced Workers Do Not Constitute WARN ‘Reduction in Force’ 11th Circuit: Dismissal Confirmed in Discrimination Case 6th Circuit: Health Care Reform Law Survives Constitutional Challenge 4th Circuit: Donning and Doffing Protective Gear Was 'Work' Under FLSA 9th Circuit: Unlicensed Accountants Are Not Categorically Excluded from Potential Exempt Status 8th Circuit: Dismissal Confirmed in FMLA/COBRA Case 8th Circuit: Multi-Phase Firefighter Application Process Nondiscriminatory 5th Circuit: No Evidence of Racial Bias in Terminating Hospital Employee 10th Circuit: Employer’s Investigation Untainted by Discriminatory Bias 1st Circuit: HR’s Response to Harassment Complaint Fails to Shield Employer 4th Circuit: Pictures and Speech that Sexualize the Workplace Can Support Claim 6th Circuit: ERISA Fiduciary Has No Duty to Disclose Public Information to Plan Participant 9th Circuit: Collective Bargaining Dispute Remanded for a Jury Trial 11th Circuit: Private Employment May Be Denied Based on Applicant’s Bankruptcy Filing 2nd Circuit: White Employees’ Rights Implicated in Title VII Settlement Agreement 7th Circuit: Acrophobic Bridge Worker Protected by ADA 7th Circuit: EEOC Continues to Enforce Broad Subpoena Powers Against Employers 9th Circuit: Employees Criminally Liable for Violating Computer Policy 6th Circuit: Court Rejects Child Labor Claims 9th Circuit: SOX Whistle-Blower Protection Does Not Cover Media Leaks 10th Circuit: Agreement Precludes Union from Arbitrating Elimination of Positions 10th Circuit: Employee Incentive Plan Not an Enforceable Contract 3rd Circuit: Fifteen Minutes May Be Adequate Time to Review Separation Agreement 4th Circuit: Employer Who Takes Prompt Remedial Action to Title VII Complaint Is Entitled to Summary Judgment 8th Circuit: Employees Were Ineligible for FLSA Tip Credit 10th Circuit: Employee Fresh out of Drug Rehab Not Protected by ADA Safe Harbor 4th Circuit: Professor’s Articles, Speeches Protected by First Amendment 7th Circuit: Benefit Plan Administrators May Have Violated ERISA 8th Circuit: Pregnant Employee Cannot Prove Constructive Discharge 7th Circuit: Ledbetter Fair Pay Act Applies Retroactively 7th Circuit: Class Action Against Rolls-Royce Dismissed D.C. Circuit: Union Allowed to Fine Member for Complying with Duty to Report Safety Violations 6th Circuit: Proper Documentation of Application Process Protected Employer from Whistle-Blower Claim 6th Circuit: Evidence of Employee’s Poor Performance Defeats ADA Claim 8th Circuit: Court Rules Religious Accommodation Created Undue Hardship 9th Circuit: Lower Court Reversed for Improper FMLA Instruction 10th Circuit: Court Enforces Arbitration Clause 1st Circuit: Employee’s Failure to Notify Employer of Repeat Harassment Fatal to Claim 4th Circuit: School Wins Dismissal of Volunteer Coach’s Overtime Claims 5th Circuit: USERRA Does Not Provide Claim for Hostile Work Environment 11th Circuit: Title VII Claim Falls Within Scope of Mandatory Forum-Selection Clause 3rd Circuit: Hospital Could Unilaterally Ban Unionized Workforce from Smoking 7th Circuit: Oral Agreement Insufficient to Modify ERISA Plan Provisions 2nd Circuit: Employer Has Limited Discretion with Retroactively Valuing Stock Options 5th Circuit: Title VII Bars Enforcement of Oral Agreement Reached During Conciliation Process 6th Circuit: Asking For a Doctor’s Note Challenged 7th Circuit: Employment Contract Extends Discrimination Law Protections to Non-Citizen 10th Circuit: Selectively Choosing Legal Advice Leads to Willful FLSA Violation 9th Circuit: Pre-employment ‘One-Strike’ Drug-Screening Policy Does Not Violate ADA 7th Circuit: Shifting Explanations for Employee’s Termination Warrant Trial of Retaliation Claim 9th Circuit: Pharmaceutical Sales Reps Exempt from FLSA Overtime Requirements 7th Circuit: Ignoring Employer’s Telephone Calls Can Defeat FMLA Claim 7th Circuit: Termination Within Reach of ‘Cat’s Paw’ 7th Circuit: Union Employers’ Access to Federal Courts Limited 8th Circuit: First Amendment Protection Increased for Public-Sector Employees 10th Circuit: City Wins Approval of Complicated FLSA Calculations 10th Circuit: Dismissal of Claim of Sexual Harassment by Nonemployee Reversed 1st Circuit: FMLA Does Not Cover Faith Healing 4th Circuit: Police Sergeant May Proceed with USERRA Retaliation Claim 9th Circuit: Resignations After Plant Closing Notice Not Voluntary Under WARN Act 4th Circuit: Full-Relief Settlement Offer Does Not Moot FLSA Overtime Claims 5th Circuit: Severance Not a Set-off to FLSA Damages 4th Circuit: Unpaid Overtime Computed 7th Circuit: FMLA and ADA Claims Fail Where Employee Violated Company’s Substance Abuse Policy 7th Circuit: Door to Wage and Hour Liability Continues to Open Wider 9th Circuit: Lower Court Reversed in Sexual Orientation Harassment Case 4th Circuit: Whistle-Blower Wins Right to Federal Trial 6th Circuit: Supervisor’s NLRA Claim Dismissed for Lack of Jurisdiction 7th Circuit: Medical Evidence of Employee’s Physical Limitations Not Required 1st Circuit: Title VII Does Not Protect Employees from ‘Generally Disagreeable Behavior’ 2nd Circuit: The $1.6 Million Error—Using the Wrong Supervisor to Terminate 4th Circuit: Absence of Reasonable Basis for Fraud Allegation Defeats Retaliation Claim 8th Circuit: Reduction in Force Was Not Discriminatory 11th Circuit: Court Reverses Summary Judgment in Religious Discrimination Case 2nd Circuit: Parent Company Responsible for Withdrawal Liability Under Alter Ego Theory 8th Circuit: Ruling on FMLA Call-In Policy Upheld 8th Circuit: Employee Who Could Not Perform Essential Job Functions Was Properly Terminated 6th Circuit: ADEA Claim Cannot Reverse Captains’ Demotions 7th Circuit: Mixed-Motive Claims Require Direct or Circumstantial Evidence of Discrimination 1st Circuit: No Discrimination Where Employee Was Terminated for Violating Employer’s Policy 3rd Circuit: Insufficient Evidence Sustains Summary Judgment in Discrimination Case 6th Circuit: Plaintiff Must Request Accommodation that Allows Him to Perform Job’s Essential Functions 11th Circuit: Proactive Employer Entitled to Summary Judgment on Harassment Claim 5th Circuit: ‘Regarded as’ ADA Claim Rejected 7th Circuit: Discrimination Laws Still Do Not Protect Underperformers 9th Circuit: Repayment of Training Costs Is Not FLSA Kickback 9th Circuit: SOX Whistle-Blower Claim Dismissed as Being Untimely 8th Circuit: Employer Rewarded for Prompt Action with Title VII Dismissal 10th Circuit: Other-Employee Evidence Excluded in Age Discrimination Case 4th Circuit: State Employers Can’t Be Sued for Damages for Violating FMLA’s Self-Care Provision 5th Circuit: Injunction Reinstating Striking Workers Affirmed 7th Circuit: Applicant Fails to Show Racial Hiring Bias 7th Circuit: Employer Liable Where Supervisor Effectively Controlled Reporting and Investigating Employee 9th Circuit: ADA Challenge to Hiring Process Fails Without Initiative to Seek Re-Employment 6th Circuit: Nondisabled Employees May Not Pursue Claims that Testing Screens Out People with Disabilities 10th Circuit: Challenge to At-Will Employment Status Dismissed 2nd Circuit: Denial of Class Certification on State Law Wage Claim Affirmed 3rd Circuit: ERISA Fiduciary Not Responsible for Spouse’s Retirement Decision 10th Circuit: Employee Could Not Claim Unlawful Discharge 10th Circuit: Worker Lawfully Terminated for Threatening Boss 1st Circuit: USERRA Coverage May Be Triggered Prior to Formal Military Orders 8th Circuit: Watchdog Lawfully Discharged 3rd Circuit: Discrimination Complaint Dismissed 8th Circuit: No Company Liability for Equal Opportunity Same-Sex Sexual Harasser 9th Circuit: School District’s Labor Agreement Avoids NLRA Pre-Emption 1st Circuit: Dismissal of ERISA Anti-Cutback Claim Upheld 6th Circuit: Union’s Release Waived Employees’ Rights to Bring ERISA Claims 8th Circuit: Theft-Related Convictions Ruled Complete Defense to Discrimination Claim 9th Circuit: Company’s 401(k) Investment Entitled to Presumption of ERISA Compliance 9th Circuit: Wage and Hour Class Action Prevails 11th Circuit: Employee Told to Resign or Be Fired Unprotected 11th Circuit: Court Puts the Brakes on Shuttle Driver’s Overtime Class Action 3rd Circuit: Fair Pay Act Does Not Extend to Failure-to-Promote Claims 5th Circuit: FLSA Applies to Temporary Guest Workers Following Katrina 10th Circuit: Employee’s Admitted Misconduct Derails Discrimination Claim 11th Circuit: Employee Can Challenge Employer’s Neutrality Agreement 1st Circuit: $677,441 Jury Award Overturned 4th Circuit: Verdict for Employer Upheld Despite District Court Error 5th Circuit: High Evidentiary Burden Required of Title VII Plaintiff 6th Circuit: Arbitrator’s Successorship Decision Upheld 7th Circuit: Employer Potentially Liable for Taping Employee Conversation 3rd Circuit: Employees Who Received Flat-Rate Payments Tied to Sales Are Exempt 3rd Circuit: Court Narrows Probe in ADA Case 8th Circuit: Court Upholds $100,000 Verdict in Hostile Environment Claim 9th Circuit: Men Entitled to Title VII Protection from Sexually Hostile Work Environment 10th Circuit: Plan Administrator’s Conflict of Interest Subject to Discovery 2nd Circuit: Misstatements Did Not Violate ERISA Fiduciary Duties 7th Circuit: Similarly Situated Employees Defined Narrowly 6th Circuit: Employer’s Subcontracting Cannot Evade Broad Scope of Arbitrability 7th Circuit: Actionable Hostile Work Environment Can Be Based on Single Action 8th Circuit: ADA Claim Barred 8th Circuit: FMLA Does Not Create Immunity for Discharge for Non-FMLA Absences 9th Circuit: Ineffective Accommodation May Be Challenged 11th Circuit: Court Affirms Dismissal of Hostile Work Claim 8th Circuit: Anti-Harassment Policy Provides Defense Against Hostile Work Environment Claims 9th Circuit: Profit-Sharing Strategy to Counter Labor Strike Violates Antitrust Laws 2nd Circuit: Female Technician Can Proceed to Trial in Sex Harassment Case 6th Circuit: ‘Common Sense’ Regarding Pregnancy Restrictions Does Not Trump Doctor’s Return-to-Work Certification 6th Circuit: Misuse of Company Time Deemed Non-Retaliatory Grounds for Discharge 8th Circuit: Disability Claim Dismissed 3rd Circuit: Prison’s Ban on Muslim Headgear Is Not Religious Discrimination 5th Circuit: In-House FMLA Notice Procedure Does Not Support Termination 9th Circuit: Fitness-for-Duty Exam Can Be Based on Concern About ‘Volatile’ Behavior 3rd Circuit: Attorney Not Entitled to Equal Pay Protection 3rd Circuit: Executive’s Start Date Blocked 4th Circuit: Breach of Contract Claim Provides No Basis for False Claims Act Lawsuit 5th Circuit: Cable Splicer Determined to Be Independent Contractor 9th Circuit: Modifying Schedule to Daylight Hours May Be Reasonable Accommodation 9th Circuit: Post-Murder Divorce Order Defeats Ex-Husband’s Claim to 401(k) Funds 4th Circuit: Former Employee Entitled to Severance in ERISA Case 7th Circuit: Title VII Trumps Patient’s Request for White-Only Health Care Providers 7th Circuit: Inconsistent Application Undermines Safety Reasons for Discharge 7th Circuit: No ‘Cat’s Paw’ Liability from Non-Decision-Maker’s Information if It Makes No Difference 7th Circuit: Title VII Claims Are Procedurally Barred, Retaliation Claim Fails 9th Circuit: An Employee by Any Other Name Is Still an Employee 2nd Circuit: Threatening Language May Support Claim of Hostile Environment 11th Circuit: Court Not Compelled by Unsupported Allegations of Discrimination 2nd Circuit: Plant Closure Plan Halted for Violation of the Collective Bargaining Agreement 6th Circuit: Documenting Employee’s Performance Defeats Discrimination Lawsuit 1st Circuit: Public Employers Must Be Mindful of First Amendment Rights 2nd Circuit: Pharmaceutical Sales Reps Ineligible for FLSA Exemption 4th Circuit: Illegal Immigrant Could Not Adjust Status After Approved Labor Certification 8th Circuit: Dispatcher with Depression Lacks ADA/FMLA Claims 11th Circuit: Offensive Language Is Not Necessarily Unlawful 4th Circuit: Using Age in Retirement Benefit Contribution Calculation May Have Violated ADEA 4th Circuit: Summary Judgment Reversed, Sex Discrimination Suit Sent to Trial 7th Circuit: Damages Award to Nursing Home Housekeeper for Retaliation Upheld D.C. Circuit: FMLA Interference Case Allowed to Move Forward 10th Circuit: Delivery Driver’s Age Discrimination Claim Dismissed 2nd Circuit: Incidents Outside of Statute of Limitations May Be Considered 10th Circuit: Position Held by Temporary Employee Is Not ‘Vacant’ Under ADA 2nd Circuit: Arbitration Not Required by ‘Successor’ Employer 2nd Circuit: National Origin Discrimination Claims Based on State and City Law Not Pre-Empted 3rd Circuit: Guidelines Should Be Followed When Appointing Counsel to Represent Class 3rd Circuit: Preliminary Injunction on Noncompete Agreement Vacated 5th Circuit: Court Rejects Pay Plan that Artificially Lowered Overtime Liability 7th Circuit: Title VII Retaliation Claim Denied in American Indian Bias Case 10th Circuit: Court Affirms Jury Verdict Employer Failed to Hire Based on Gender 6th Circuit: Sex Discrimination Claim Fails in Absence of Proper Comparator Employee 7th Circuit: FLSA Right to Day in Court Pre-empts Arbitration Process 8th Circuit: Subjectivity in Hiring Process May Give Rise to Title VII Claim 11th Circuit: Vague Job Threat Not Reasonably Perceived Violation 11th Circuit: Noncompete Valid if It Is Reasonable and Balanced 1st Circuit: Minor Workplace Inequities Insufficient to Succeed on Title VII Claim 9th Circuit: CBA Does Not Necessarily Pre-empt Employer’s Overtime Obligations 11th Circuit: Termination for Misuse of Company Credit Card Was Not Pretext 7th Circuit: Summary Judgment for Employer Affirmed in Title VII Case 8th Circuit: No-Reliance Clause Was Not Absolute Bar to Fraud Claim 8th Circuit: Retaliation Claim Rejected Where Employee Had Poor Job Performance 10th Circuit: Drunk Driving Accident Qualifies for AD&D Coverage 6th Circuit: Inability to Get Along with Colleagues Is Sufficient Basis for Adverse Action 7th Circuit: Former Corrections Officer Was Not Constructively Discharged 11th Circuit: Court Refuses to Vacate Age Bias Judgment in Pre-Gross Ruling 4th Circuit: Inconsistent Administration of Physical Ability Test Can Create Question of Intentional Discrimination 5th Circuit: Generous Attendance Policy, Inconsistently Enforced, Allows Employee to Keep Verdict 3rd Circuit: Accommodation May Include Assist with Commute to Work 3rd Circuit: Government Time Limit Noncompliance No Defense to H-1B Visa Violation 4th Circuit: Conflicting Standards of Proof Do Not Justify New Trial on Disability Claim 6th Circuit: Five-Week Employee Wins $1.2 Million on Co-Worker Harassment Claim 7th Circuit: Court Grants NLRB’s Petition for Enforcement of CBA 10th Circuit: Termination Stands Despite Employee’s Hearing Impairment 3rd Circuit: Impairment Caused by Medication’s Side Effects May Be Disability 6th Circuit: Court Overturns Dismissal of Racial Discrimination Claim 9th Circuit: Time Donning and Doffing Police Uniform Was Not Compensable 7th Circuit: Employer Not Required to Maintain an Existing Position to Accommodate Employee 8th Circuit: Religious Accommodation Claim Rejected 8th Circuit: Reverse Discrimination Claim Not Successful 1st Circuit: No Notice Required Before Taking Advantage of Public Safety Exemption 1st Circuit: Professor Complains About Wrong Person, Wrong Thing at Wrong Time 2nd Circuit: Teacher Not Victim of Race Discrimination or Harassment 4th Circuit: Medical Intern with Performance Problems Deemed Not Qualified for Job 3rd Circuit: Lay Testimony Can Help Establish FMLA ‘Serious Health Condition’ 6th Circuit: Changes in Relationship to Subsidiary Did Not Interfere with Pension Rights 9th Circuit: Off-the-Clock Activities After Work Compensable 5th Circuit: Stray Remark Is Not Sufficient to Establish Discrimination 6th Circuit: ERISA Claim Fails Where No Expectation to Benefits Exists 8th Circuit: Poorly Recorded Performance Precludes Pretext at Summary Judgment 9th Circuit: Front Pay Is Decision for Judge, Not Jury 10th Circuit: Nurse’s Internal Communications Respecting Transplant Not Protected 11th Circuit: Retaliatory Discharge Claim Under False Claims Act Reinstated 1st Circuit: No Unfettered Telephone Privacy for Public Safety Employees 2nd Circuit: Context of Alleged Retaliatory Acts Determines Material Adversity 2nd Circuit: Faragher/Ellerth Can Leave Employers Vulnerable 5th Circuit: Sound, Parade and Park Ordinances Too Restrictive for SEIU Rights 7th Circuit: Sexual Harassment Against Male Subordinate Is Actionable 9th Circuit: FLSA Does Not Restrict Employee Tip Pooling Arrangements 6th Circuit: FMLA Does Not Hold Employer to Strict Liability Standard 6th Circuit: RIF Evaluation Variance from Performance Evaluation Sinks RIF Decision 1st Circuit: Examining Physician, SSD Determination Not Enough to Meet LTD Standard 3rd Circuit: Amendment to Welfare Plan Violates ERISA 4th Circuit: Federal Court Did Not Have Jurisdiction over State Law Claims Against Union 3rd Circuit: Helicopter Pilots Are Entitled to Overtime Under FLSA 3rd Circuit: Sales Rep FLSA-Exempt 6th Circuit: City Official’s Threats Preserve First Amendment Retaliation Claim 11th Circuit: ADA Interactive Process Not Necessary Absent Existence of Reasonable Accommodation 2nd Circuit: Administrative Exemption of Sales Employee Turns on Primary Duty 9th Circuit: Injunction Improper Where First Amendment Rights May Be Infringed 11th Circuit: Denial of Paralyzed Worker’s Insurance Diving Accident Claim Overturned 11th Circuit: Sexually Explicit Language Sufficient for Hostile Work Environment Claim 1st Circuit: Unambiguous Contract Foils Employee’s Claim to Bonus 3rd Circuit: Age Discrimination Claim Not Established Despite ‘Old Man’ Remark 5th Circuit: Uncompensated Donning and Doffing Upheld 8th Circuit: Adverse Action Based on Non-conforming Behavior Is Impermissible 9th Circuit: Settlement by Class Representative Does Not Bar Certification Appeal 11th Circuit: Nondisabled Individual Can Bring ADA Claim of Improper Medical Inquiry 4th Circuit: Evidence of Discrimination Requires Trial 7th Circuit: Changes to Communication Policies Violated NLRA 2nd Circuit: No Call/No Show Termination Survives Alcoholic’s ADA Claim 4th Circuit: Time Spent Donning and Doffing Protective Gear Was Not Compensable 5th Circuit: Poor Harassment Precautions Produce Professional Liability 9th Circuit: ‘On Duty’ Claim May Save Class Action Challenging Meal Period Violations 6th Circuit: Safety Threat Validates Medical Examination Demand Under ADA 10th Circuit: Positive Evaluations Raise Doubts About Employment Decision 4th Circuit: Document Loss Does In City’s Promotion Decision 5th Circuit: Hurricane Rita Did Not Excuse Bargaining Obligations 7th Circuit: No Religious Discrimination Against Those Not Meeting Performance Standards 8th Circuit: New Trial Warranted in ADEA Case 8th Circuit: Cintas Corp. Unlawfully Targeted Union Sympathizers D.C. Circuit: Security Company Owner May Pursue Claim over Concealed Firearms 1st Circuit: ADA Claim Dischargeable in Bankruptcy 2nd Circuit: Leave to Recover from Disability Might Not Be ADA Accommodation 7th Circuit: Mandatory Meetings with Religious Group Violated Establishment Clause 9th Circuit: Compensatory and Punitive Damages Unavailable for ADA Retaliation 1st Circuit: State Immune from Promotional Exam Challenge 2nd Circuit: Attendance at Work Usually Is Essential Job Function 6th Circuit: Severance Pay Plan Can Condition Benefits on Signed Release 2nd Circuit: Relevance of EEOC Subpoena Generously Construed 3rd Circuit: Terminated Employee Failed to Establish Race Discrimination 8th Circuit: Claim that ERISA Administrator Failed to Disclose Information Survives 8th Circuit: ERISA Plaintiff Need Not Exhaust Administrative Remedies 9th Circuit: Back Pay Remedy Awarded to Same-Sex Partner 10th Circuit: Retaliation for ‘Free Speech’ Is Difficult to Prove 2nd Circuit: FLSA Requires Education for Professional Exemption 9th Circuit: Rehabilitation Act Covers Discrimination Claim by Independent Contractor 3rd Circuit: Privacy Issues in Union-Organizing Case 1st Circuit: Court Enforces Neutrality Agreement and Rejects Coercion Claim 2nd Circuit: Cash Balance Plan Did Not Violate ERISA’s Minimum Benefits Accrual Rules 6th Circuit: Plan Administrator’s Denial of AD&D Claim Due to DUI Found Arbitrary 7th Circuit: Compliance Measure Does Not Violate ‘Anti-Cutback’ Amendment 8th Circuit: Employer Appropriately Set Opening Balance of Converted Retirement Plan 11th Circuit: Laid-Off Executive Failed to State Claim 1st Circuit: Excessive Scope Did Not Defeat Non-compete Enforcement 7th Circuit: Higher Standard Cannot Derail Thomas the Tank Engine’s Photographer 7th Circuit: Sworn Testimony for Disability Benefits Thwarts ADA Claim 8th Circuit: Overfunded ERISA Plan Bars Participant’s Claim Against Fiduciaries 1st Circuit: Inconsistent Explanations for Termination Cited in Reversal of Judgment 4th Circuit: Executive’s Napkin Notes May Reveal Discriminatory Motive 5th Circuit: Reassignment Broke the Hostile Environment Evidentiary Chain 9th Circuit: Use of Different Base Hourly Rates Did Not Violate FLSA 10th Circuit: Employee Handbook’s Disclaimers Render Breach of Contract Claim Futile 10th Circuit: Court Upholds Hostile Work Environment Case 1st Circuit: ERISA Plan Construction that Avoided Windfall for Beneficiary Was Reasonable 5th Circuit: Workers Were Employees Covered by FLSA 9th Circuit: Discharge May Have Been ADA Retaliation 1st Circuit: Company Could Not Recover Under Directors and Officers Liability Policy 2nd Circuit: First Amendment Supports Demand for Union Fee Accountability 2nd Circuit: Interactive Process as Insurance Against Failure-to-Accommodate 3rd Circuit: Replacing Employee with Younger Person Is Not Always Age Discrimination 11th Circuit: Ledbetter Act Does Not Preclude Validly Executed Waivers Under ADEA 5th Circuit: Evidence of Innocence Misses the Mark 7th Circuit: ADA Amendments Act Not Retroactive D.C. Circuit: Human Rights Act Can Apply to Employees Outside District of Columbia 5th Circuit: Employee Assault Claims in Employer-Provided Housing Not Arbitrable 7th Circuit: Sunlit Classroom May Have Been Required Accommodation 9th Circuit: ADA Challenge of Fitness-for-Duty Testing Revived 9th Circuit: Be Careful What Computer Use You Authorize D.N.J.: Company Unlawfully Accessed Employee’s Invitation-Only MySpace Chat Group 2nd Circuit: Dismissal of Caucasian Employee’s Discrimination Claims Reversed 3rd Circuit: FMLA Protection Broadened 5th Circuit: Employers Are Not Required to Be Right, Just Reasonable 6th Circuit: Preliminary Employee Rankings Taint Promotion Decision 7th Circuit: Your Benefits Plan Need Not Say ‘Discretion’ if You Mean It 3rd Circuit: Independent Contractor May Bring Section 1981 Race Discrimination Claim 3rd Circuit: Ledbetter Law Leads to Equal Pay Victory 5th Circuit: Family of Australian Worker Who Died Off Coast of Brazil Loses U.S. Claim 2nd Circuit: Employer May Be Liable for Hiring by Independent Contractor 3rd Circuit: Employers That Make Benefits Look Too Good May Breach Fiduciary Duty 3rd Circuit: Discriminatory Hiring Practices Award Vacated 3rd Circuit: Gay Employee Allowed to Proceed with Gender Stereotyping Claim 8th Circuit: Absence Due To Alcohol Use Is Not Protected Under FMLA 8th Circuit: Title VII Reaches Only Material Retaliation 9th Circuit: Jury Verdict for EEOC on Retaliation Claim Upheld 6th Circuit: Failure to Rehire Claims Begin to Plague Lawful RIFs 9th Circuit: A Growing Problem—Wage and Hour Issues for Off-Site Employees 10th Circuit: Perceived Paramour Preference Not Protected Opposition 5th Circuit: Court Could Not Reach Decision on Mandatory Retirement of Pilots 6th Circuit: Disability Benefits Properly Denied to Videotaped Employee 7th Circuit: Company Lawfully Requested Return of Keys from Manager on Leave 8th Circuit: Punitive Damages Available Without Proof of Outrageous Conduct 10th Circuit: Trade Secrets—The Whole May Be Greater Than the Sum of Its Parts 4th Circuit: Driver Not Unlawfully Disciplined 9th Circuit: Married Lawyers Get to Pull SOX Slot Machine Again 11th Circuit: Liability Possible for Torts by Agents in Foreign Countries 10th Circuit: FMLA Lawsuit Reinstated 7th Circuit: Prompt Reaction to Noose Precludes Liability 9th Circuit: FLSA Lawsuit Against Executives Allowed to Proceed Despite Bankruptcy 1st Circuit: FMLA Claim Barred Even if Employer Erroneously Represented Eligibility 3rd Circuit: Certification in Largest ADA Discrimination Case in History Rejected 4th Circuit: Harassment Response Requires Thorough Investigation and Effective Action 7th Circuit: Termination for Obsolete Skill Set Does Not Constitute Age Discrimination 8th Circuit: Ghost Whisperer May Have Created Hostile Work Environment D.C. Circuit: ADAAA Not Retroactive 6th Circuit Affirms Finding of Anti-Military Discrimination 10th Circuit: Court Upholds Negative Reference 11th Circuit: Potential for Retaliator’s Influence Can Sink Discharge Decision 3rd Circuit: Rule Permitting 17 Additional Months Under F-1 Visa Withstands Challenge 4th Circuit: Retaliation Claim Allowed to Proceed 7th Circuit: Retiree’s Attempt to ‘Whipsaw’ Employer in Pension Battle Fails 11th Circuit: Damages Awarded for Former Employee’s Copyright Infringement 3rd Circuit: Company Leave Policy Does Not Conflict with FMLA 7th Circuit: No Discretion in a Benefits Plan Means No Limitations on Review 9th Circuit: Class Certification in Overtime Class Action Overturned 9th Circuit: Employers Not Liable for Suppliers’ Workplace Conditions D.C. Circuit: Consistently Apply E-mail Solicitation Policies as Written 10th Circuit: Employee May Have to Identify Open Position for ADA Transfer 10th Circuit: Plan that Failed to Follow Procedures Must Pay Benefits Again 2nd Circuit: Two-Member NLRB Decision Upheld 5th Circuit: Employee Fired Unlawfully Despite Safety Violations 6th Circuit: Union Did Not Have to Grant Worker’s Religious Accommodation Request 2nd Circuit: Firing of Nonunion Health Care Workers for Picketing Was Illegal 9th Circuit: FLSA ‘Off the Clock’ Collective Action Rendered Moot 1st Circuit: Derivative Claims by Relatives of a Discrimination Plaintiff Were Untimely 3rd Circuit: Supervisors Were Not Title VII Managers 8th Circuit: Medical Residents Subject to FICA 9th Circuit: San Diego’s Benefits Contribution Change Upheld 10th Circuit: SOX Whistle-Blowing Claim Barred as Untimely 5th Circuit: Elimination of Incentive Award Upheld 7th Circuit: Members of National Guard Had No Right to Reschedule Shifts 11th Circuit: Alleged Violation of Immigration Laws Can Support Class Action 2nd Circuit: Judgment for Employer in ADEA Case Reversed 3rd Circuit: False Claims Act May Extend to Federal Funds Granted to State Agencies 5th Circuit: Investigators of Miss. Insurance Claims for Carrier Owe Claimants No Duty 6th Circuit: Handbook’s Arbitration Provision Enforceable 6th Circuit: Court Revives Harassment Case Where ‘Locker Room’ Atmosphere 8th Circuit: Non-Payroll Records Did Not Result in Knowledge of Overtime D.C. Circuit: DOT Drug-Testing Rule Upheld 6th Circuit: Executives Successfully Challenge Performance-Based Salary Deductions 2nd Circuit: Board Must Clarify Application of Prior Notice Rule to Health Care Strike 9th Circuit: ERISA Claim for Unvested Benefits Permitted to Advance 10th Circuit: Scripted Interviewer Inquiries Preclude Pretext 11th Circuit: Speech Made According to Public Employment Duties Is Unprotected 11th Circuit: Disclaimer in Compensation Plan Helps Employer Avoid Class Action 4th Circuit: Indispensability Does Not Support FLSA Administrative Exemption 7th Circuit: Company Cannot Retroactively Terminate Benefits Following FMLA Leave 9th Circuit: Public Concern Is Broad for Law Enforcement 9th Circuit: Stepmom’s Gender Bias Claims Against Casino Revived D.C. Circuit: FedEx Drivers Are Contractors D.C. Circuit: NLRB Decisions Invalid When Board Falls Below Quorum of Three 8th Circuit: Request for Indefinite Leave Is Not Reasonable Accommodation 8th Circuit: Shifting Reasons for ‘Layoff’ Leads to Liability in Retaliation Claim 9th Circuit: Core Decision Status Foreclosed ‘Merger Decision Bargaining’ High Court Hears Arguments on Whether Scrapping Promotional Exam Was Lawful 7th Circuit: Altering Certification Grounds to Deny FMLA Leave D.C. Circuit: Challenge to NLRB Change in Remedy Rule for Salts Was Premature 5th Circuit: Combining Absences with Leave Time Violated FMLA 7th Circuit: Extended Travel Time Is Not Enough to Trigger Relocation Clause 6th Circuit: Internal Investigation Supports Legitimate Business Reason for Termination 10th Circuit: Preventing and Correcting Sexual Harassment Is Two-Way Street 4th Circuit: Employer Liable for Accessing Personal E-mails, but Award Vacated 2nd Circuit: Plan Participant Must Show Injury to Maintain Suit 7th Circuit: Court Upholds Officers’ Right to Use Comp Time 3rd Circuit: Professor’s First Amendment Claim Fails 3rd Circuit: Prohibition Against Wearing Headscarf OK’d 1st Circuit: Societal Stereotypes May Support Title VII Claim 10th Circuit: Employee’s Refusal to Take English Lessons Not Protected Activity 6th Circuit: Accurate Assessment of When Harassment Becomes Unlawful Elusive 8th Circuit: Unattainable Goals, Unwise Remarks Bolster Claim 7th Circuit: FMLA Lets Employer Base Discharge on Problems Discovered During Leave 2nd Circuit: Denial of Benefits Was Arbitrary 6th Circuit: Inconsistent Policy Application Shows Age Discrimination D.C. Circuit: No-Beard Policy for Firefighters Struck Down 8th Circuit: Court Affirms OSHA Multi-Employer Worksite Policy 4th Circuit: Employer Violates FMLA in Connection with Adoption 6th Circuit: Death Not Accidental Under Death Benefit Plan 7th Circuit: ERISA Claim Arose from Withheld Internal Documents 7th Circuit: Union Hijinks Justify Railway Labor Act Injunction 6th Circuit: Enforceability of Guns Prohibition Rests on State Law 11th Circuit: Hearing Aid Ban During Pre-employment Medical Testing OK’d 3rd Circuit: OSHA Employee Notification Rule Sunk 9th Circuit: Employer Unlawfully Withdrew Union Recognition 10th Circuit: Guns in Company Parking Lot Are OK … in OK 10th Circuit: Pregnancy Bias Verdict Affirmed Despite After-Acquired Evidence 4th Circuit: Pension Plan Administrator Failed To Notify Participants of Changes 1st Circuit: Fired Employee Alleges Libelous Intracompany E-mail 3rd Circuit: Misperception Absent Interaction Was Problematic 5th Circuit: Employer Not Liable for Immigration Expenses 7th Circuit: Plan Sponsor Has No Duty to Disclose Sharing of Fees D.C. Circuit: Union Blocks Implementation of Regulations 10th Circuit: FMLA Retaliation Claim May Be Found in Post-Leave Discipline 2nd Circuit: Inability to Return to Work Sinks FMLA Claim 7th Circuit: Court Upholds EEOC Subpoena of Employer Records 7th Circuit: Deference Given to Parties’ Intent in Dispute over Classification 6th Circuit: Union’s Settlement Effectively Waived WARN Rights 8th Circuit: Retaliation Claim Unconnected to Protected Activity 9th Circuit: Fourth Amendment Protection Ruling on Text Messages Stands N.D. Ohio: Belief in Reason for Adverse Action Overcame Claim 10th Circuit: Unforeseeable Circumstances May Relieve WARN Obligation 11th Circuit: Outside Sales Exemption Requirements Met 1st Circuit: ADA Verdict for Bipolar Worker Upheld 5th Circuit: Attorneys’ Fees Awarded Against EEOC N.D. Ill.: Ineligible Employee’s Request for FMLA Leave When Eligible Protected 10th Circuit: Plaintiff Bears Ultimate Burden of Proving Retaliatory Motive 11th Circuit: Union Did Not Breach Its Duty 9th Circuit: Cohabitant Awarded Half of Boyfriend’s Pension D.C. Circuit: School Bus Contractor Must Bargain with Union 10th Circuit: Plaintiff Fails to Overcome Nondiscriminatory Explanations for Termination 2nd Circuit: Claims Administrator Abused Discretion in Denying LTD Benefits 4th Circuit: Retaliatory Discharge Claim May Not Have to Be Specified in Charge 2nd Circuit: Dire Financial Straits Did Not Block Discrimination Claim 5th Circuit: Laid-Off Contract Worker’s Discrimination Claim Meritless 3rd Circuit: Anxiety and Depression Not Evidence of ADA Disability 11th Circuit: $35 Million Judgment for Managers Affirmed 1st Circuit: Testimony Not the Reason for HR Manager’s Discharge 4th Circuit: Neutrality/Card Check Arrangement Ruled Lawful 5th Circuit: Tactic to Avoid FLSA Collective Action Fails 8th Circuit: Daily Call-In Policy Does Not Violate FMLA 7th Circuit: Discrimination Can Be Found Even if No One Else Treated Better 7th Circuit: State Law Guaranteeing Rest Period Pre-Empted 9th Circuit: Wage and Hour Class Action Moved to Federal Court 10th Circuit: Lawsuit over Green Card’s Expiration Returned to Jury 11th Circuit: Rescue Workers Responsible for Firefighting 11th Circuit: Overtime Exemption for Taxicab Services Did Not Apply 2nd Circuit: Limitations Period Started When Seniority Lost 4th Circuit: Employer Cannot Base Firing in Part on Polygraph Results 8th Circuit: Employees Win Damages for Work at Multiple Sites 4th Circuit: Hostile Environment Claim Revived 9th Circuit: Arbitration Enforcement Was Not Barred 10th Circuit: EEOC Charge Timely Filed 6th Circuit: Hostile Environment Claim Reinstated 6th Circuit: RIF Sex-Based Challenge Fails 7th Circuit: Exhausting Internal Union Remedies Required 3rd Circuit: FMLA Leave Not Evidence of ADA Disability 4th Circuit: Noncompete Was No Bar to Employment with Competitor 7th Circuit: Title VII ‘Supervisor’ Definition Clarified 9th Circuit: Nonresidents Covered by California Law 10th Circuit: Challenged RIF Was Not Discriminatory 2nd Circuit: Funds Contribution Obligations Continue Under Expired Contracts 2nd Circuit: Gift to Employees Did Not Violate NLRA 2nd Circuit: Overtime Suit Rejected Despite Salary Changes 5th Circuit: ‘Sales Leaders’ Eligible for Overtime 6th Circuit: Leave-Taker’s ‘Regarded as’ Claim Fails 8th Circuit: Conductor’s Violation of Drug Policy Grounds for Termination 10th Circuit: Frequent Salary Adjustments Jeopardize Overtime Exemptions 6th Circuit: Employers’ Potential RICO Liability Continues To Expand 9th Circuit: Section 301 Intentional Interference Action Rejected 10th Circuit: Driving Not a ‘Major Life Activity’ Under ADA 2nd Circuit: Arbitration of SOX Claims Required 4th Circuit: HR Professional’s Retaliation Claim Fails 5th Circuit: Heart Condition May Not Be Compensable 8th Circuit: Truck Driver’s Tort Award Reduced 11th Circuit: Probation Interrupted by Leave May Have To Be Extended 11th Circuit: Whistleblowing Must Be a Contributing Factor to Adverse Action 3rd Circuit: Calling In Sick To Go to Vegas Grounds for Termination 7th Circuit: Consensual Sexual Relationship May Not Support Retaliation Claim 11th Circuit: Revised Standard Used When Reviewing Benefit Plan Denials 9th Circuit: ERISA Does Not Pre-empt San Francisco’s Health Care Mandate 10th Circuit: Defending an EEOC Mediation Is Protected Activity 11th Circuit: Coca-Cola Lawfully Deducted Social Security Payments from LTD Benefits 11th Circuit: Discriminatory Comments Support Racial Harassment Claim 1st Circuit: Theatrics over Unfairness Does not Raise Jury Issue of Retaliation 6th Circuit: Eligibility for Intermittent Leave Assessed for Absence over Two Leave Years 7th Circuit: Employers May Refuse To Reinstate Striking Workers 1st Circuit: Employer Not Liable to Ex-Employee for Misrepresenting Stock Option Period 6th Circuit: More Employment Discrimination Cases May Go to Trial 7th Circuit: Calling In Sick Without More Information Did Not Trigger FMLA 7th Circuit: Failure to Follow Up on Complaint Opens Door to Unexpected Liability 7th Circuit: FMLA’s 1,250-Hour Requirement Strictly Enforced 3rd Circuit: WARN Act’s Exception to Notice Requirements Clarified 11th Circuit: Denial of Promotion, Termination Upheld 1st Circuit: Employer Policies Do Not Expand Title VII Obligations 3rd Circuit: Spanish-Speaking Employee Held to Arbitration Provision in English 9th Circuit: Shopping Mall Management Company Unlawfully Limited Union’s Activities 10th Circuit: Employment History Not Covered by Fair Credit Reporting Act 8th Circuit: Employer’s Directive for Inpatient Alcohol Treatment Upheld 3rd Circuit: Employer Lawfully Terminated Retiree Death Benefit 9th Circuit: Employer May Not Unilaterally Stop Union Dues Checkoff 7th Circuit: Union May Force Arbitration of Changes to Medical Benefits for Retirees 7th Circuit: Failure To Turn In Paperwork Bars FMLA Claims 7th Circuit: Corrections Officers Prove Sex Bias 10th Circuit: Unlawful Disclosure Was Nonretaliatory Reason for Discharge 2nd Circuit: Release of Retirement Benefit Claims Was Enforceable 3rd Circuit: Recovery Permitted for Repeated Representations About Pension Credits 4th Circuit: SOX Whistle-Blower’s Reasonable Belief Should Relate to Law 6th Circuit: USERRA Supersedes Employer's Fitness-for-Duty Procedures 9th Circuit: Cash Balance Plans Are Not Discriminatory 10th Circuit: Laid-Off Employee Fails to Demonstrate Age Discrimination 11th Circuit: Racist Remark Away from Work Would Not Support Retaliation Claim 2nd Circuit: Hospital Found To Be Joint Employer of Temporary Agencies’ Employee 4th Circuit: Letter Detailing Extent of Decertification Support Was ‘Objective Evidence’ 6th Circuit: USERRA Does Not Pre-empt Contract’s Arbitration Clause E.D. Mich.: Peer Review Is Not Always Relevant to Discrimination Claim 9th Circuit: Hispanic Employees’ Pay-Bias Claims Allowed To Proceed 11th Circuit: ERISA Claim May Proceed 1st Circuit: Bristol-Myers Squibb Did Not Discriminate 5th Circuit: Peer Review Immunized Dallas’ Presbyterian Hospital from Money Damages 7th Circuit: Designation as ‘Joint Employer’ Requires Some Control over Work 8th Circuit: Claim Rejected When Employee Could Not Work Overtime 9th Circuit: Waiver of Arbitration Is Not Easily Granted 1st Circuit: Political Affiliation Claim Fails 7th Circuit: Failure To Keep Accurate FLSA Time Records Shifts Burden to Employer 7th Circuit: Inclusion of FMLA Benefits in Handbook May Bind Company 1st Circuit: Denial of Accidental Death and Dismemberment Benefits Upheld 2nd Circuit: Accommodate Even Without Employee Accommodation Request 5th Circuit: Former Cashier May Proceed with Harassment Claim 7th Circuit: Promise To Provide Neutral Reference Might Have Been Breached 10th Circuit: Military Recruiters Not FLSA Exempt 5th Circuit: No Card Check/Neutrality Pact Successorship Without Ongoing Operations D.C. Circuit: Venetian Hotel Successfully Challenges EEOC Disclosure Policy 7th Circuit: Underpaid Filipino Nurses Entitled to Back Pay 3rd Circuit: Agoraphobic Faculty Member Could Not Support ADA/FMLA Claims 8th Circuit: Questionable Management Style Distinguished from Retaliation 8th Circuit: Rehire Policy Challenged Under ADEA 10th Circuit: Reprimand for Off-Duty Affair Upheld 4th Circuit: Fiduciary Breach Action Advances 6th Circuit: Coach Could Not Have Relied On Alleged Promises When He Resigned 6th Circuit: Termination for Disclosure of Confidential Documents Upheld 8th Circuit: Employer May Use Subjective Criteria To Defeat Claim of Pretext 10th Circuit: Failure To Follow Written Policy Supports Age Claim 5th Circuit: Manager’s Questioning Was Not Protected Activity Under the FLSA 7th Circuit: Allegations of Political Infighting Do Not Preclude Bias Claims 9th Circuit: Text Messages Entitled to Fourth Amendment Protection 11th Circuit: Curing Retaliatory Actions Is No Antidote for Liability 10th Circuit: Gap Between Restrictions and Management Interpretation Poses Risks 3rd Circuit: Pregnancy Discrimination Includes Abortion 4th Circuit: Arbitration Agreement Trumps Court Case Under False Claims Act 10th Circuit: Disruptive Physician’s Privileges Lawfully Terminated 7th Circuit: Displaced Older Teacher’s ADEA Claim Goes to Trial 8th Circuit: Retaliation Claim Fails Despite Internal Harassment Complaints 5th Circuit: Duty To Disclose Negative Reference Information Limited 7th Circuit: Age Discrimination Suit Rejected Because of CBA 9th Circuit: Ban on Nurses Wearing Union Buttons Deemed Unfair Labor Practice 2nd Circuit: Claim that Commuting Time Is Compensable Rejected 6th Circuit: Court Reverses Dismissal of Whistleblower Claim 7th Circuit: Demotion While on Intermittent FMLA Leave Results in Retaliation Claim 9th Circuit: Managers’ Reckless Indifference Supports Punitive Damages Award 10th Circuit: Discharged Parents of Son with Cancer Proceed with ADA Claim 11th Circuit: Disney May Fire Worker Who Was Not 'Culturally Authentic' 9th Circuit: BFOQ Standard Should Not Have Been Applied to Hearing Test 10th Circuit: ERISA Permits Termination of Benefits Based on Challenged Report 5th Circuit: Harassment Is Harassment, Misdirected or Not 7th Circuit: Prayerful Guidance Counselor Loses Title VII, First Amendment Claim 8th Circuit: Denial of Deferred Compensation Payments Upheld 7th Circuit: Clear Plan Language Trumps HR’s Misstatements 11th Circuit: Offensive Language Directed at Others May Show Sexual Harassment 4th Circuit: HR’s Misleading E-mail Was Not Entitled to Free Speech Protection 6th Circuit: Vesting of Unionized Retirees’ Benefits Presumed 7th Circuit: USERRA Plaintiffs Need Not Prepay Filing Fees in Federal Actions 6th Circuit: Comments That Fired Employee Was ‘Too Old’ Lead to Jury Trial 2nd Circuit: Alleged Viewing of Dirty Movies at Work Results in Claim 5th Circuit: Remedial Bargaining Order Imposed for Unfair Labor Practices 11th Circuit: 'Carryover Consent' Theory in FLSA Collective Actions Rejected 4th Circuit: FLSA Remedies and Procedures Were Exclusive 5th Circuit: Generous FMLA Leave May Not Shield Employer from Liability 7th Circuit: Damage Appraisers Are Exempt 7th Circuit: Absence Attributable to Drinking Did Not Qualify for FMLA 7th Circuit: FMLA Retaliation Claims Hinge on Employee Perceptions 1st Circuit: Retaliation Claim Against New Supervisor Defeated 8th Circuit: Prompt Response Fends Off Hostile Work Environment Claim 6th Circuit: Company’s Failure to Follow Its Military Pay Policy Violated USERRA 11th Circuit: Explanations for Discharge Were Not Probative Evidence of Pretext 9th Circuit: City Failed To Show Need for Pre-Employment Drug Screening 10th Circuit: Plaintiffs Have Longer To Sue for Willful Violations 1st Circuit: Bus Company Committed Unfair Labor Practice 4th Circuit: Religious Harassment Claim May Proceed 8th Circuit: Retaliation Claim Cannot Be Premised on Petty Slights 8th Circuit: Complaint of Verbal Abuse Not Protected Conduct Under Title VII 1st Circuit: Provision of Plan Summary Defeated Claim 5th Circuit: Interviewers’ Remarks Challenged in Reverse Discrimination Case 9th Circuit: Retaliation Claim Under False Claims Act Goes to Trial D.C. Circuit: Police Commanders’ Retirements Were Not Voluntary 10th Circuit: Political Patronage Forms Basis for Discrimination Claim 7th Circuit: Untimely Claim Finds New Life as Evidence in Later Discrimination Lawsuit 9th Circuit: State Agency Right-To-Sue Letter Is Sufficient To File Title VII Claim 2nd Circuit: 'No Harassment' Rule During Union Campaign Had Chilling Effect 7th Circuit: Hospitals Interfered With Nurses’ Right to Organize 7th Circuit: Adequate Response Shields Employer from Liability for Alleged Assault 7th Circuit: ADA Prohibits Association Discrimination Against Employees 5th Circuit: Employer’s Interpretative Authority Enforced 5th Circuit: AAP Gave Legitimate Reason for Not Hiring Applicant 10th Circuit: Familial Status Is Not Protected Under Title VII 9th Circuit: HR’s Brief Interruptions Were Not Unlawful Union Surveillance 2nd Circuit: Peer Review Process May Create Employment Relationship 10th Circuit: Ban on Payroll Deductions for Political Contributions 8th Circuit: School Board’s Statements Do Not Support Defamation Claim 11th Circuit: Refusal To Sign Arbitration Agreement Was Protected by Title VII 9th Circuit: Employer May Not Require Flu Immunizations 11th Circuit: Employee with Cancer Not Disabled 7th Circuit: Expansive Time Span for Hostile Work Environment Claims Confirmed 8th Circuit: Unexcused Absences Do Not Constitute ADA Accommodation 9th Circuit: Largest Title VII Class Certification in U.S. History Revised 10th Circuit: Termination for Failure To Report to Work Upheld 5th Circuit: Multimillion-dollar Verdict Against Disloyal Employees Affirmed 8th Circuit: Firm Response to Harassment Claim Did Not Excuse Weak Follow-Up 7th Circuit: Officer Fired After Controversial Arrest Loses Claim 1st Circuit: Poetic Attorney Loses ADEA Claim 7th Circuit: Employee Complaint Mechanism Must Be Clear to Teens 11th Circuit: Discrimination Claims Against ESPN Zone Tackled 11th Circuit: Man's Call to Police Reporting Harassment Protected 9th Circuit: Union Breached Duty and Violated Title VII 6th Circuit: Religious Discrimination Claim Dismissed 7th Circuit: Unusual Behavior Alone Can Constitute FMLA Notice 5th Circuit: Employer Faces Trial on Disability Claim 11th Circuit: Felony Convictions for Unlawful Employment Upheld 2nd Circuit: ADA Title III Claim Did Not Require Exhaustion of Remedies 6th Circuit: FMLA Does Not Cover Care of Grandchild 8th Circuit: Age Discrimination Claim Fails Despite Age-Based Comments 6th Circuit: Discharge Based on Management Style Was Not Discriminatory 2nd Circuit: Class-Action WARN Claim Fails 1st Circuit: Employer Pays with Interest After 14-Year Dispute 11th Circuit: Different Rates for Same Type of Work Can Be Blended for Overtime 8th Circuit: Returning Reservist Loses Claims 7th Circuit: Denial of Overtime Work May Be Adverse Action 9th Circuit: Exclusion of Pregnancy Leave from Pension Credit Violated Title VII 5th Circuit: 'Diversity Report' Led to Race Discrimination 7th Circuit: Retaliation Claim Survives 2nd Circuit: In-Court Settlement Is Binding Despite Buyer's Remorse 1st Circuit: Benefits Plan Participant's Negligence Claims Pre-empted 11th Circuit: Employee's Retaliation Claim Fails Based on Passage of Time 10th Circuit: Favoritism Does Not Equal Gender Bias 9th Circuit: Three-Day Receipt Rule Adopted 8th Circuit: Fired Worker Wins Religious Discrimination Claim 11th Circuit: Strict Adherence to Punctuality Policy May Have Violated ADA 5th Circuit: Paid Administrative Leave May Be Adverse Employment Action 8th Circuit: Worker Fired for 'Inappropriate Comments' Wins ADEA Claim D.C. Circuit: Successive Supervisors Allegedly Created Hostile Environment 5th Circuit: Transferred and Fired Worker Advances with ADEA Claim 8th Circuit: ADA Does Not Require Employer To Create New Position 2nd Circuit: Worker Fired for Saying Shot Supervisors Deserved To Die 6th Circuit: Criticism of Employee's Accent Could Show Discrimination 1st Circuit: Eligibility for Rehabilitation Did Not Establish Disability 10th Circuit: Grant of FMLA Leave Did Not Show Employee Was Regarded as Disabled 9th Circuit: Employees' Claims for Travel Time Pay Survive 11th Circuit: Union Workers Not Entitled To Pay for Time Donning Protective Gear 9th Circuit: Discrimination Claim Against 'Fourth Way' Members May Proceed 2nd Circuit: Indispensable, Preliminary Activities Were Not Compensable 7th Circuit: Foundry Worker with Trouble Standing Had No ADA Disability 8th Circuit: Inconsistent Treatment May Establish USERRA Violation 8th Circuit: Court Rejects Pregnant Nurse's Discrimination and Retaliation Claim 2nd Circuit: IRS Lawfully Denied Section Chief's Request for Part-Time Work D.C. Circuit: HUD's Refusal To Renew Affirmative Employment Plan Upheld 1st Circuit: 'Single-Employer Doctrine' Applied Against Merck Subsidiary 9th Circuit: Settlement of Union Lawsuit Did Not Pre-empt Employees' Lawsuit 5th Circuit: FMLA Protection for Absences Is Not Automatic 10th Circuit: E-mail May Contribute to Hostile Environment 6th Circuit: Pilot Who Produced Inflammatory Video Reinstated 6th Circuit: Imperfect Interactive Process Withstands Challenge 3rd Circuit: Employees Who Lost 'Bridging Rights' Lose ERISA Claim 7th Circuit: Wal-Mart Could Fire Pharmacist Who Refused To Speak with Customers 8th Circuit: Constructive Discharge Requires Objectively Intolerable Conditions 1st Circuit: Lack of Specificity in Request Dooms Accommodation Claim 2nd Circuit: Reservist Wasn't in Scope of Employment While Driving to Training 8th Circuit: Denial of Mentoring and Training Was Not Retaliation 9th Circuit: NLRB Not Required To Justify Standard Remedy 7th Circuit: Bar on Former Employee's Use of Confidential Information Enforced D.C. Circuit: New Handbook Hazard Highlighted 5th Circuit: Employer Can Deny Religious Accommodation That Violates CBA 11th Circuit: Harassment Investigations Won't Be Micro-managed by Courts 7th Circuit: Driver Discharged for Condition Loses ADA Challenge 3rd Circuit: Denial of Job to Person with Crime Conviction Upheld 7th Circuit: Timing of Company's Sale May Trigger WARN Act Obligations 8th Circuit: Employee Compelled To Arbitrate Discrimination Claim 5th Circuit: ADA Punitive Damages Award Affirmed 9th Circuit: Fired Fendi Manager Bags More than $1 Million 7th Circuit: FMLA Does Not Excuse Bargaining Obligations 5th Circuit: Criteria for Avoiding Workers' Comp Liability Outlined 10th Circuit: Employer May Request More Information To Verify Lawful Status 2nd Circuit: Frequent Remarks on Age Could Show Discrimination 11th Circuit: 'Demotion' Was Self-Imposed 2nd Circuit: Legislative Immunity Applied to Secret Discussions 3rd Circuit: Cash Balance Plan Did Not Discriminate Based on Age 8th Circuit: Employer has burden of proving employee poses direct threat 7th Circuit: Layers of review insulated employer from discrimination claim 6th Circuit: $200,000 Age Discrimination Verdict Reinstated 1st Circuit: 'Close corporation' covered by Title VII, ADA 9th Circuit: LMRA did not pre-empt union employees' state law claims 10th Circuit: Questionably Pervasive Harassment Warrants Trial 1st Circuit: Marine Reservist's Claim Allowed To Proceed 11th Circuit: Delayed complaint of harassment ruled unreasonable 7th Circuit: Surgery did not excuse job abandonment 9th Circuit: Individual supervisors may not be sued under the ADA 7th Circuit: RIFed worker loses retaliation challenge 11th Circuit: Written reprimand is not 'adverse employment action' 1st Circuit: FMLA Definition of 'Eligible Employee' Continues To Evolve 7th Circuit: Nurse involved with union was unlawfully threatened 6th Circuit: EEOC prevails on ADEA challenge of retirement plan 2nd Circuit: State Allowed To Freeze Union Contract Wage Increases D.C. Circuit: FECA Remains Exclusive Remedy for Work-Related Injuries 3rd Circuit: Appeals Court Upholds Employer's Right To Prorate Bonus Under FMLA 9th Circuit: Constructive discharge can be a retaliatory action under USERRA 6th Circuit: Stereotypes Distinguished from Orientation in Harassment Claims 9th Circuit: Declaration of financial hardship created duty to disclose finances 8th Circuit: Worker who didn't sign acknowledgment ordered to arbitrate 5th Circuit: Overtime exemption for fire service employees expanded 5th Circuit: Employee has burden of proof in disparate impact cases 2nd Circuit: Only Minimal Notice Required to Initiate 'Charge' 5th Circuit: Salary required for professional exemption 6th Circuit: Company must pay $95,000 for 'shop time' 11th Circuit: Employee RICO suit based on hiring illegal immigrants goes forward 8th Circuit: Public employees found entitled to overtime for hours not worked 7th Circuit: Medical history was enough to put employer on FMLA notice 9th Circuit: Search of work computer fit within Fourth Amendment exception 8th Circuit: ADA award upheld when employer flip-flopped on exam's results 9th Circuit: Challenge of Class Action Removal to Federal Court Fails 8th Circuit: Employer Can Be Liable for Discriminatory Conduct of Employee 7th Circuit: Homeland Security Overstepped Its Authority in Denying Eligibility D.C. Circuit: Letter Sent in Error to Some Former Employees Wasn't Binding 8th Circuit: Award for Disability and Age Discrimination Affirmed 6th Circuit: 'Whipsaw' Calculation Was Required 11th Circuit: Claims of Bank Employee Shot During Robbery Rejected 11th Circuit: Bus Rides, Screenings on Way to Work Were Not Compensable 7th Circuit: Female Park Manager Lost Equal Pay Act Claim 11th Circuit: Agricultural Co-op's Driver Deemed Exempt 7th Circuit: Lower Pay for Light-Duty Worker Did Not Violate FMLA 7th Circuit: Company Is Jointly Liable for Unpaid Wages 6th Circuit: Technical Writers Not Entitled to Overtime Pay 5th Circuit: Disparate Impact Claim Fails Because of Insufficient Statistics More...