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Tag Archives: discrimination

Labor & Employment – Discrimination – ADA – Partial Waiver of Immunity (access required)

Lee-Thomas v. Prince George’s County Public Schools A school board employee in Maryland can sue the board under the Americans with Disabilities Act for an alleged failure to accommodate her hearing disability, as the state has waived its 11th Amendment immunity for claims of $100,000 or less; the 4th Circuit upholds the district court decision allowing the claim to go forward.

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Labor & Employment – Civil Rights – Discrimination – Exempt Religious Organization — Religious Harassment – Brethren Dress Code (access required)

Kennedy v. St. Joseph’s Ministries Inc. A Catholic nursing-care facility is an exempt religious organization under Title VII. It cannot be sued by a geriatric nursing assistant who alleged religious harassment after she refused to abandon her Church of the Brethren dress code that called for long skirts and hair covering.

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Labor & Employment – Discrimination – Sexual Harassment – Municipal – Public Employees (access required)

Okoli v. City of Baltimore A woman whose boss, head of a Baltimore aging agency, “forcibly kissed her, fondled her leg, propositioned her, asked sexually explicit questions, described sexual activities he wished to perform and then, after she spurned the advances and filed a harassment complaint, fired her,” stated claims for hostile environment, quid pro quo harassment and retaliation, and the 4th Circuit vacates summary judgment for the employer and remands the harassment suit.

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Federal or state? Employment lawyers have strong preferences on venue (access required)

An attorney with an employment-discrimination case will most likely take the case to the nearest county courthouse to be heard by a state judge. But just as likely, the defense counsel for the employer will have it removed to federal ...

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Age claim that beat summary judgment gets noticed nationwide (access required)

A 46-year-old Alexander County emergency medical services supervisor who was demoted when his team failed to meet a targeted response time has a triable case of age discrimination, a federal judge ruled late last month. The case, Fox v. Alexander County, has drawn national attention among labor lawyers because the plaintiff survived a summary-judgment motion from the employer - an unusual event in federal court. "It's pretty noteworthy," said the plaintiff's attorney, Joshua Van Kampen (pictured). "The employer-discrimination firms are very adept at getting these cases dismissed."

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Labor & Employment – Disability – Discrimination Claim – Diabetes – Leave of Absence – Transfer – Schools & School Boards (access required)

Williams v. Brunswick County Board of Education. (Lawyers Weekly No. 10-02-0722, 14 pp.) (James C. Dever III, J.) E.D.N.C. Holding: Even though plaintiff decided to take a medical leave of absence to deal with her diabetes, none of her doctors ...

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