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Tag Archives: Labor & Employment

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.

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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.

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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.

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Municipal – Labor & Employment – Workers’ Compensation – Public Employees – Mail Carrier (access required)

Hutchins v. U.S. Dep’t of Labor A U.S. Postal Service letter carrier who won a personal-injury lawsuit against a South Carolina town after she fell into a manhole must reimburse the Department of Labor for benefits she received under the Federal Employees’ Compensation Act; the 4th Circuit affirms a decision that the town qualifies as a “person other than the U.S.” under 5 U.S.C. § 8132.

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Civil Practice – Attorneys’ Fees – Baseless Claims – Failure to Withdraw – Unfair Trade Practices – Labor & Employment – Severance Contract (access required)

McKinnon v. CV Industries Where plaintiff persisted in prosecuting his claims well after he should have realized they were baseless, he must pay some of the attorneys’ fees incurred by defendant after the entry of summary judgment.

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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.

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Labor & Employment – REDA – Wrongful Discharge Claim – Legitimate Reasons for Dismissal (access required)

Fatta v. M & M Even though plaintiff showed that he was fired shortly after he suffered an on-the-job injury and notified the defendant-employer of his intention to file a workers’ compensation claim, plaintiff failed to rebut defendant’s forecast of evidence that he was fired after three weeks of employment because of his poor work habits and lack of leadership.

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Labor & Employment – Public Employees – Schools & School Boards – Unsuccessful Principal – Waiver (access required)

Butler v. Charlotte-Mecklenburg Board of Education A school board renewed a principal’s contract before it received the reviews and scores from her first contract term. The contract renewal was not a waiver of the board’s right to fire the principal based on her performance during her first contract term.

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