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Voting For African-American Candidate Is Not Protected Status Under Title VII,

A federal court in Nevada recently rejected a race discrimination claim based upon allegations that the plaintiff was fired after voting for African-American presidential candidate Barack Obama.  Whitfield v. Trade Show Servs. Ltd., Civil Action No.:  2:10-CV-00905-LRH-VCF (D. Nev. Mar. 1, 2012).  William Whitfield started working as an account manager for security firm Trade Show […]

District Court for Maryland Holds that Bi-Polar Employee Not Qualified Individual with Disability

On February 28, 2012, the U.S. District Court for the District of Maryland dismissed a claim by a former Maryland Department of Agriculture worker under federal and state law that the Department failed to accommodate his disability and terminated him because of his disability.  Higgins v. Maryland Dep’t of Agric., No. 11-0081 (D. Md., February […]

Donning/Doffing Is Still Work in the Fourth Circuit

Back in June, I wrote about Mountaire Farms, Inc. v. Perez, 650 F.3d 350 (4th Cir. 2011).  In that case, the Fourth Circuit affirmed a district court ruling that held that time spent by chicken processing plant workers donning and doffing their protective gear was “work,” and therefore compensable, under the Fair Labor Standards Act.  […]

Lactation Discrimination? Texas Judge Says No

A federal judge in Texas recently ruled that a new mother does not have the right to pump breast milk at work.  (EEOC v. Houston Funding II, Ltd.; no. H-11-2422; S. D. Texas).  The facts in Houston Funding are straightforward.  The plaintiff gave birth to a baby girl in December 2008, after which she took […]

California Appeals Court Reverses Class Action

Discrimination and wage class actions that rely on statistics are getting harder and harder to maintain.  In the wake of the well-publicized Wal Mart Stores, Inc. v. Dukes case, decided by the Supreme Court last year, the California Court of Appeals recently overturned a $15 million judgment entered on behalf of a class of business […]

Oops – Teamster Found Liable to Members for Lost Wage Increases

A federal court in Chicago has found a Teamsters Union local liable for wage increases its members “would have received” had the local requested bargaining.  Under the collective bargaining agreement, either the union or the employer could have requested a wage reopener by giving written notice to the other.  The union, who did not track […]