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In Jackson v. Humana Insurance Co., No. 22-2299, 2023 WL 2207632 (7th Cir. Feb. 24, 2023), the United States Court of Appeals for the Seventh Circuit started its opinion by holding: “Humana Insurance Company fired LaTanya Jackson for failing to meet the essential...
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision in the case of McLaren Macomb, Case No. 07-CA-263041. In this decision, the NLRB ruled that an employer, McLaren Macomb, violated the National Labor Relations Act (“NLRA”) when it...
Failure to hire cases can be very difficult, but not impossible. Today, we look at the recent case of Connors v. Merit Energy Co., LLC, No. 22-2080, 2023 WL 2003622, (8th Cir. Feb. 15, 2023). In this case, Kimberly L. Connors worked as a lease operator by XTO Energy,...
The recent case of Watson v. School Board Of Franklin Parish out of the United States Court of Appeals for the Fifth Circuit provides a few good lessons. Let’s start with the facts of the case. Esther Watson worked in education, including as a teacher for over twenty...
1994. Cleveland, Ohio. Art Modell had just stolen the Browns from Cleveland. The Cleveland Indians (now Guardians) had just moved into Jacob’s Field (now Progressive Field) and were fielding an amazing young team of players. I will die on the hill arguing that the...
Torrey Terrial Townsend was employed by First Student as a bus driver. After Townsend was fired for leaving keys in an unattended school bus, First Student fired him. Townsend, who is Black, sued her former employer for race discrimination and wrongful termination...
Today, our employment discrimination lawyers review another example of an employee being fired for bad conduct but trying to save her job by asserting employment discrimination. In this case out of the United States Court of Appeals for the Eleventh Circuit,...
As the United States Supreme Court made abundantly clear yesterday in Helix Energy Solutions Group, Inc., et al. v. Hewitt, it all comes down to how you are paid. The facts are fairly simple: Hewitt was an offshore oilrig worker who was paid on a day rate basis (so...
Meet Henry Diaz, a former police officer for the City of Somerville in Massachusetts. In the early morning hours of June 30, 2017, Diaz, who was off-duty at the time, was driving through East Boston. When a pedestrian stepped in front of his car, he stopped, got out...
Sometimes employment discrimination cases do not fit a predisposed pattern of wrongful termination or even refusal to hire cases. Nonetheless, Title VII of the Civil Rights Act of 1964 and related statutes protect employees from discrimination based on their...