March 2, 2013
Recent Case Demonstrates Stray Remark Doctrine In Context of Emails
A Blacke auto parts store manager who alleged he was fired because of his supervisor's racial animosity has triable race discrimination and retaliation claims because he showed sufficient evidence of possible pretext, but cannot maintain his charge of a hostile work environment with a single derogatory email, the U.S. District Court for the District of Colorado ruled Jan. 29 (Hallmon v. Advance Auto Parts, Inc., D. Colo., No. 12-cv-00124, 1/29/13).
Mitchell H. Rubinstein
February 28, 2013
2d Circuit Decision On Effects Bargaining
Everything you wanted to know about decision and effects bargaining as well as waiver.
IBEW v. Rochester Gas & Electric, ____F.3d___(2d Cir. Jan. 17, 2013).
February 27, 2013
Even Harvard Students Cheat
Did you hear about this one?? Harvard University recently asked several students to leave after being found to have cheated on a take home exam in a government place. Details in the Feb. 1, 2013, NY Times, here.
Mitchell H. RUbinstein
February 26, 2013
Certain issues that the Commissioner of Education will decline to consider "for lack of jurisdiction"
February 25, 2013
20 Day Suspension For Tieing A Noose Does Not Violate Public PolicyAn arbitrator's decision to reinstate with a 20-day suspension a Port of Seattle employee who was fired for hanging a noose in the workplace did not violate Washington public policy against employment discrimination, a unanimous state supreme court holds. Int'l Union of Operating Eng'rs Local 286 v. Port of Seattle, (Wash., No. 86739-9, 2/21/13).
Chamber Urges Employers to Appeal Prior Adverse Board Rulings
The U.S. Chamber of Commerce published a reprint of a Wall Street Journal Article and is urging its members to appeal any adverse NLRB decision under the D.C. Circuit's recent decision in Noel Cannning holding that the NLRB was powerless to act because it did not have a quorum, here.
Hat Tip: Workplace Prof Blog
Mitchell H. Rubinstein
February 24, 2013
Airline Employee Fired After 40 Years Does Not Make Out An ADEA Case
Court Holds Nurse Not Qualified Because She Applied For Disability
An RN suffering from fibromyalgia who was fired for poor performance failed to show she was a “qualified individual” under the Americans with Disabilities Act Amendments Act because she sought disability benefits and applied for only one job following her termination according to the court which so ruled on Jan. 28, 2013. (Bell v. Methodist Healthcare Memphis Hosps., W.D. Tenn., No. 2:11-cv-02756, 1/28/13).
MItchell H. Rubinstein