Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Labor & Employment (page 50)

Labor & Employment

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

EEOC v. RandstadThe 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.

Read More »

Labor & Employment – Public Employees – Termination — Administrative – Exhaustion of Remedies (access required)

James v. Charlotte-Mecklenburg County Board of Education Even though petitioner basically skipped the hearing before the defendant-Board of Education (his counsel stayed only long enough to protest the timing of the hearing), petitioner nevertheless exhausted his administrative remedies by requesting the hearing and appealing the board’s subsequent decision to the superior court in accordance with G.S. § 115C-325(n).

Read More »

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.

Read More »

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.

Read More »

Labor & Employment – Civil Rights – Race & Disability Discrimination Claims – Asthma – Drive-Thru Window (access required)

Moss v. Pasquotank County Plaintiff has alleged that she suffers from rhinitis and chronic asthma and that these conditions affect a major life activity, i.e., her ability to breathe. She also alleges that her employer, the defendant-county, had notice of her disability, that she could perform the essential functions of her position with reasonable accommodation, and that the county refused to make such accommodations. Plaintiff has sufficiently pled a failure to accommodate claim under the Americans with Disabilities Act. Issues concerning the reasonableness of the requested accommodation – i.e., working at a desk rather than the drive-thru window -- are questions of fact that are more properly resolved at the summary judgment stage or trial.

Read More »

Labor & Employment – Civil Rights – Age Discrimination Claim – Retaliation – Timing — Workplace Violence (access required)

Vinesett v. United Parcel Service, Inc. Where the decision to fire plaintiff the first time was made before plaintiff reported a supervisor’s alleged discriminatory comment, plaintiff cannot show that he was fired in retaliation for his protected activity of reporting the comment.

Read More »

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.

Read More »

Labor & Employment – Public Employees – Insufficient Findings — Personal Misconduct – Just Cause – Discipline – First Impression (access required)

Warren v. North Carolina Department of Crime Control & Public Safety The superior court purported to base its decision on the facts as found by the administrative law judge. However, the ALJ found that the Highway Patrol had failed to establish that petitioner drove a Patrol vehicle with any alcohol in his system, while the superior court found that petitioner consumed some amount of alcohol prior to driving.

Read More »