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Job Applicants Cannot Bring Disparate Impact Claims Under Age Discrimination In Employment Act

The U.S. Court of Appeals for the Eleventh Circuit recently rejected a claim that applicants  can sue for disparate impact under the federal Age Discrimination in Employment Act (ADEA).  Villarreal v. R.J. Reynolds Tobacco Company, et al., 2016 U.S. App. LEXIS 18074 (Oct. 5, 2016). The plaintiff alleged that R.J. Reynolds Tobacco Company’s recruiting practices … Continue Reading

Sleeping On The Job Due To Prescription Medication Not A Sufficient Basis to Dismiss Disability Discrimination Complaint

In Beaton v. Metropolitan Transportation Authority New York City Transit, Docket No. 15 CV 08056 (S.D.N.Y. June 15, 2016), the Court denied Defendant’s motion to dismiss Plaintiff’s disability discrimination claims under the ADA and local laws.  The case is significant because it addressed an alleged  mental disability.  By way of background, Plaintiff was employed by … Continue Reading

Inconsistent Policy Application By Employer Allows Age Discrimination Claim To Survive Summary Judgment

In Jones v. Pate Rehab. Endeavors, Inc., Docket No. 14-CV-2218 (N.D. Tx. June 17, 2016), the Court denied Defendant’s motion for summary judgment dismissing Plaintiff’s age discrimination claim under the ADEA.  By way of background, Defendant employed Plaintiff as a Patient Transporter, which required him to transport patients in a motor vehicle.  During his employment, … Continue Reading

Employment Application That Included a “Health History” Form Violated the ADA and GINA

A federal court in Missouri has held that an employer’s employment application unlawfully required job applicants to fill out a three-page “Health History” before being considered for a job, in violation of the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act of 2008.  Equal Employment Opportunity Commission v. Grisham Farm Products, Inc., Case … Continue Reading

Assisting Student With Sexual Harassment Report Not Protected Under Title VII or First Amendment

The United States Court of Appeals for the Seventh Circuit rejected a professor’s claims that a university violated Title VII of the Civil Rights Act of 1964 (“Title VII”) and the First Amendment to the United States Constitution when it allegedly denied tenure because she reported sexual harassment to the university on behalf of a … Continue Reading
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