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Employment Law

Rejecting a supervisor’s advances is protected activity (access required)

Although there is a split among circuits that have addressed whether an employee who rejects her supervisor’s advances and is later terminated states a claim for retaliation under Title VII, and Fourth Circuit has never decided the issue, the court ...

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Withdrawal of job offer due to body mass index did not violate the ADA (access required)

An employer that withdrew a job offer to a prospective employee after a physical revealed that the prospective employee had a body mass index that qualified as obese did not violate the Americans with Disabilities Act where the employer was ...

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Individual and collective actions for same claim not OK (access required)

Where a plaintiff opted-in to a collective employment discrimination action after filing an individual employment discrimination action containing overlapping claims and allegations, the plaintiff was dismissed from the collective action. Background Joseph H. Andreana is the named plaintiff in a ...

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Termination may have been breach, not discrimination (access required)

Where an employee was found to have been at least partially responsible for a transportation failure that left more than 150 special needs students stranded on the first day of school, the employee’s subsequent termination did not constitute unlawful discrimination, ...

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Employee’s depression led to absences and tardiness (access required)

Where an employee’s depression resulted in repeated absences and tardiness from work, her employer’s refusal to offer her a permanent position did not constitute unlawful discrimination or retaliation. Background In March 2011, the Office of the Director of National Intelligence ...

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Employee exposed to heightened assault risk entitled to benefits for injury (access required)

An employee who was blinded in an assault by a former coworker while working the overnight shift at a rest area was entitled to workers’ compensation benefits, even though the assailant’s motivation for the attack was unknown, because the employee’s ...

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Second shoulder injury was consequence of original injury (access required)

Where an employee received workers’ compensation benefits for a right shoulder injury sustained in the course of her employment, she was also entitled to benefits for a left shoulder injury that was caused by overcompensation following the original injury. Background ...

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