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Tag Archives: Labor & Employment

Labor & Employment – National Origin & Disability Discrimination – Inability to Read & Write English – Administrative – Subpoenas — Job Records (access required)

EEOC v. Randstad The EEOC can obtain five years’ worth of job assignment records from a temporary staffing agency that allegedly discriminated by refusing to reassign a temporary worker who could not read and write English; the 4th Circuit says the district court should defer to the EEOC’s assessment of relevance.

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Insurance – Duty to Defend – Exclusion – Tort/Negligence – Defamation – Labor & Employment (access required)

Universal North America v. Frey The homeowners’ policy issued by the insurer to defendant excludes coverage for “personal injury” that is “sustained by any person as a result of an offense directly or indirectly related to the employment of this person by an ‘insured.’”

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Insurance – Life – Labor & Employment – ERISA – Equitable Relief – Breach of Fiduciary Duty (access required)

McCravy v. Metropolitan Life Ins. Co. A bank employee who paid for life insurance for her daughter through her employee benefit plan, but who was denied insurance benefits when her 25-year-old daughter died, has her claim for “equitable relief” for the insurance carrier’s breach of fiduciary duty reconsidered by the 4th Circuit, in light of CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).

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Labor & Employment – RICO Claim – Illegal Alien Hires – Insufficient Predicate Acts (access required)

Walters v. McMahen A group of hourly-wage employees at Perdue poultry processing plants have not stated a civil conspiracy claim under the Racketeer Influenced and Corrupt Organizations Act against the company with allegations that company personnel conspired to hire illegal aliens in order to depress wages paid to all hourly employees; the 4th Circuit says plaintiffs did not allege two RICO predicate acts to support their claim.

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Labor & Employment – Constitutional – Free Speech – Unlawful Firing Claim – Public Employees (access required)

Brooks v. Arthur Two Virginia correctional officers cannot sue for alleged unlawful firing for exercise of their First Amendment free-speech rights; the 4th Circuit says complaints about an employee’s own duties pursued through an internal grievance procedure do not relate to a matter of public concern.

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Labor & Employment – Disability Discrimination – Administrative Remedies – Exhaustion – Wheelchair (access required)

Sydnor v. Fairfax County, Va. A public health nurse who said her employer violated the Americans with Disabilities Act by not allowing her to use a wheelchair for her restrictions after foot surgery gets another chance to try her case, as the 4th Circuit says the district court erred in saying she had not exhausted her administrative remedies by mentioning light duty work but not a wheelchair in her EEOC complaint.

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Municipal – Labor & Employment – Workers’ Compensation – Public Employees – Mail Carrier (access required)

Hutchins v. U.S. Dep’t of Labor A U.S. Postal Service letter carrier who won a personal-injury lawsuit against a South Carolina town after she fell into a manhole must reimburse the Department of Labor for benefits she received under the Federal Employees’ Compensation Act; the 4th Circuit affirms a decision that the town qualifies as a “person other than the U.S.” under 5 U.S.C. § 8132.

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Municipal – Civil Practice – Standing – FOIA — Labor & Employment – Public Employees – Severance Contract (access required)

Freemantle v. Preston Although the common law does not give a taxpayer standing to seek damages arising from a county council’s agreement to a $1,000,000 severance package for a county employee, the Freedom of Information Act gives the taxpayer standing to seek declaratory and injunctive relief.

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Labor & Employment – Civil Rights – Discrimination Claims – Insubordination – Failure to Exhaust Administrative Remedies – Statute of Limitations (access required)

Capers v. Behr Heat Transfer Systems Even if plaintiff could make out a prima facie case of race discrimination, the defendant-employer has proffered a legitimate, nondiscriminatory reason for firing plaintiff: on top of her poor work record, she disobeyed her supervisor’s express instructions twice in six months.

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Labor & Employment – USERRA – Unlawful Discharge Claim – Constructive Discharge – Police Officer — Internal Affairs Investigation (access required)

Reed v. City of Charleston Plaintiff alleges that, upon his return from military service, the defendant-city deliberately made his employment conditions intolerable via an internal affairs investigation that appeared to be leading to his termination and the loss of his police officer certification. Plaintiff has raised a genuine issue of material fact as to whether he was constructively discharged in violation of 38 U.S.C. 4316(c).

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