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Employment Law

‘Paranoia,’ not race, prompted school’s action (access required)

Where a teacher’s emails accused a co-worker and students of participating in a “coordinated effort” of taking unauthorized pictures and raised conspiratorial beliefs about surveillance by school employees, he was placed on administrative leave and required to undergo a fitness ...

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Corrections worker who refused random drug test reinstated (access required)

Where a department of corrections technical support employee was fired after refusing to take a random drug test, the court affirms a hearing officer’s decision to reinstate him because the test policy, as applied to him, violated the Fourth Amendment. ...

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Refusal, not service, was reason for termination (access required)

Where an employee of the Drug Enforcement Administration was terminated because he refused to participate in a DEA internal investigation, not because of his Coast Guard service, his claims under the Uniformed Services Employment and Reemployment Rights Act of 1994, ...

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Direct evidence of age bias was insufficient (access required)

Although the plaintiff presented direct evidence of age discrimination – a statement by a member of the interview committee that another candidate received the job because he was younger and more energetic – the employer nevertheless prevailed on summary judgment ...

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Placing employee on PIP could be adverse action (access required)

The employer was denied summary judgment on the ADA retaliation claim because the Fourth Circuit has not resolved whether placing an employee on a performance improvement plan, or PIP, after they engaged in protected conduct, could be an adverse employment ...

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