Wednesday, December 2, 2015
- Eleventh Circuit: In a matter of first impression (and parting ways with three other circuits), the court held that the Age Discrimination in Employment Act authorizes disparate impact claims by applicants for employment (in addition to employees); the court also held that “equitable tolling” excused plaintiff’s failure to file timely complaint with EEOC where he alleged that he did not know nor could he have known that he had been discriminated against until after the deadline had passed, regardless of whether there was misrepresentation by defendant
- Tenth Circuit: The court held that, for purposes of ADA and ADEA claims, although County was not plaintiff jailer/dispatcher’s “joint employer” (plaintiff was directly employed by Sheriff’s Office), it was nevertheless her employer under basic agency principles because the Sheriff was a County officer and the Sheriff’s Office merely a subordinate department of the County
- EEOC: New guidance addressed to health providers, “Helping Patients with HIV Infection Who Need
Accommodations at Work,” identifies common reasonable accommodations as altered break and work schedules (e.g., frequent breaks to rest or use the restroom or a change in schedule to accommodate medical appointments), changes in supervisory methods (e.g., written instructions from a supervisor who usually does not provide them), accommodations for visual impairments (e.g., magnifiers, screen reading software, and qualified readers), ergonomic office furniture, unpaid leave for treatment or recuperation, and permission to work from home - US District Court ME: The court denied summary judgment to employer on age discrimination claim where discussions about plaintiff’s alleged performance issues started within six months of his supervisor discussing his retirement plans (he was 61 and said he wanted to retire at 66), other employees had “general concern” about age bias, and, although employer claimed plaintiff was insubordinate, it did not institute formal discipline as prescribed by its policies
- US District Court ME: New Local Rules effective 12/1/2015
- US DOJ: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
- EEOC: $582,000 settlement reached in Title VII sexual harassment claim that manager regularly touched female employees on their buttocks, hips, and backs, forcibly kissed them and made comments about their appearance and body parts
- Bangor Daily: Judge rules ex-Orono fire chief’s lawsuit over his firing may go forward
- Press Herald: Former meat manager files racial discrimination lawsuit against Whole Foods
