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Employment Law

‘Boorish’ Comments Can Create ‘Hostile Environment’ (access required)

A co-worker’s persistent “boorish” and “moronic” sexual comments, gestures and invitations to plaintiff and other co-workers, whose complaint supervisors allegedly ignored, supported plaintiff’s request for a trial on her hostile environment claim, but the 4th Circuit upholds summary judgment for ...

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No COBRA Claim for Cutting Benefits After FMLA Leave (access required)

A city firefighter was not entitled to continued health insurance benefits under COBRA when he failed to return to work after exhausting his leave under the Family Medical Leave Act; the Danville U.S. District Court says plaintiff’s failure to return ...

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Age Bias Claim Not Barred by Bankruptcy Filing (access required)

Plaintiff’s age discrimination suit is not barred by judicial estoppel because he failed to disclose his EEOC charge in his bankruptcy proceeding; the Richmond U.S. District Court finds the bankruptcy court did not “accept” plaintiff’s position that he had no ...

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Plaintiff Sues Over Workplace Mold Exposure (access required)

A Lynchburg U.S. District Court says there are issues of material fact on employer’s response to plaintiff’s requests for accommodation of her severe and chronic allergies aggravated by mold exposure in the workplace. Plaintiff alleges she suffers from chronic allergies ...

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Plan Should Have Asked for Medical Records (access required)

ERISA’s “collaborative” process for reviewing disability claims required defendant plan, at a minimum, to clearly tell claimant she needed to provide records from a psychologist who, in the wake of claimant’s multiple chest surgeries treated her for post-traumatic stress disorder ...

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