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Labor & Employment

Sep 25, 2019

Labor & Employment Civil Rights – Race Discrimination Claim – Municipal – State Law Claims

A mayor’s reference to a white police officer who shot an unarmed black man was not enough to support plaintiff’s claim of race discrimination arising out of his firing after it was revealed that—despite being warned not to—he was still using city property to conduct his second job as a tax preparer. The court accepts […]

Sep 18, 2019

Labor Plaintiffs lack standing to sue for change in benefits

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal Act to provide health coverage to eligible retirees and their dependents. It is undisputed that […]

Sep 12, 2019

Employment Discrimination Paper company not liable in bias case

Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a matter of law. Background Alleging race-based discrimination, Matthew Perkins brought claims for: (1) disparate treatment, […]

Sep 12, 2019

Employment Discrimination Paper company prevails on Title VII, pay claims

Where a plaintiff brought gender and race discrimination claims against International Paper Company alleging it subjected her to a hostile work environment that resulted in her constructive discharge, paid her unequally and retaliated against her, the record did not support her allegations and the company was granted summary judgment on all claims. Background Alleging gender […]

Sep 5, 2019

Employment Discrimination Removal did not waive sovereign immunity

Where a police officer suffered post-traumatic stress disorder as a result of being frequently exposed to child pornography at work, and could not sue under the under the Americans with Disability Act because the state was immune, but he could pursue claims of discrimination and harassment in federal court in violation of Title VII of […]

Aug 7, 2019

Labor & Employment Age Discrimination Claim – SCHAL – No Private Right of Action – Statute of Limitations

Even though S.C. Code Ann. § 2-13-90(c)(1) of the South Carolina Human Affairs Law (SCHAL) refers to “an action brought under this subsection,” since the statute expressly outlines an administrative remedy, no private cause of action is available for plaintiff under § 1-13-90(c). We affirm summary judgment for the defendant-employer, a state agency. Background Despite […]

Jul 16, 2019

Labor Delinquent contribution suit reinstated

A multiemployer pension fund can pursue an alleged delinquent exit contribution from a former participating employer after the court held the complaint plausibly alleged this contribution was required by the plan documents. Background The Board of Trustees of the Sheet Metal Workers’ National Pension Fund, a multiemployer pension plan, filed this suit claiming a delinquent […]

Jun 19, 2019

Employment Discrimination – State agency immune from discrimination claims

A Maryland state agency enjoys 11th Amendment immunity against sexual orientation and disability discrimination claims brought by a former employee because the agency did not consent to suit in federal court. Background This appeal and ongoing proceedings in the District of Maryland concern the state and federal employment discrimination claims of plaintiff Michael Pense, a […]

May 31, 2019

Employment Discrimination – Jury award for age bias termination upheld

A majority of the panel upheld a jury’s conclusion the defendant terminated a 30-year employee because of her age, 61. It said the decision was supported by the evidence, including her tenure and comments made around her termination, and found the district court did not err in its jury instructions or in its questions during […]

May 2, 2019

Employment Discrimination—Driver over taking sick day had valid discrimination claim

A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness had a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext and a similarly situated white employee had been allowed to return to work after explicitly […]

May 2, 2019

Employment—Sheriff can fire deputy who supported opponent

Where a sheriff terminated a deputy sheriff who supported the sheriff’s opponent during the re-election campaign, he did not violate the law. Background This case arises from Sheriff Michael L. Chapman’s decision not to reappoint Mark F. McCaffrey as a deputy sheriff in Loudoun County, Virginia. In response, McCaffrey sued Chapman, Loudoun County and its […]

Apr 25, 2019

Employment Discrimination—Medical school and doctors not liable for discrimination

A university medical school and two doctors did not discriminate, retaliate or subject the plaintiff doctor to a hostile work environment. Background Afraaz R. Irani filed suit against Palmetto Health; the University of South Carolina School of Medicine; David E. Koon, M.D.; and John J. Walsh, M.D., asserting claims for a hostile work environment, discrimination, […]

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