On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for eliminating the plaintiff’s position while she was on leave, the timing of the decision, and remarks made during the plaintiff’s FMLA absence raised a triable issue of fact as to whether the plaintiff’s transfer was in retaliation for her exercise of FMLA rights.
U.S. Supreme Court Set To Begin New Term Justices To Review Arbitration And Disparate Impact Bias Cases
In early October, the U.S. Supreme Court began hearing oral arguments in the 2009-2010 term. There are currently seven cases on the docket that involve employment and labor related issues or are likely to impact these areas. One of the most notable of these will decide how much time plaintiffs have to file a lawsuit when they believe they have been unfairly penalized by hiring tests. Other cases will resolve issues involv-ing an alleged whistleblower, pension benefits, race discrimination, and labor arbitration.
New EEOC Guidance Designed “To Assist” Employers The Equal Employment Opportunity Commission (EEOC) recently issued an enforcement guidance declaring the disparate treatment of employees who care for children, parents or other family members to violate federal law. According to the federal agency, the purpose of the guidance is to “assist investigators, employees, and employers in assessing