Westlaw Topical Highlights: Labor and Employment, September 21, 2016

September 21, 2016

Labor and EmploymentWestlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.

Discrimination: City failed to show that its physical skills testing for paramedic positions was job-related and consistent with business necessity.  Ernst v. City of Chicago, 2016 WL 4978377 (C.A.7 (Ill.)) A city’s job analysis and physical skills study did not satisfy the express federal regulations on validity studies. Thus, the city failed to show that its physical skills testing was job-related for paramedic positions and consistent with business necessity, in a gender discrimination action brought by female applicants who had applied for paramedic positions and were not hired because they failed the physical abilities test, asserting a disparate impact claim under Title VII. The paramedics who volunteered for the study were not representative of individuals who were normally available in the city job market. The testing of physical skills learned on the job was not statistically reliable. Finally, there was an insufficient connection between real job skills and tested job skills. 2016 WL 4978377. (The full-text of the rest of the Topical Highlights is available within Thomson Reuters Westlaw, subscription required).   

Discrimination: Rescinded termination did not constitute “adverse action” under Title VII.  Shultz v. Congregation Shearith Israel of the City of New York 2016 WL 4367974 (S.D.N.Y.)

Discrimination: Employer did not fail to initiate and participate in interactive process to develop reasonable accommodation for employee.  Dillard v. City of Austin, Texas, 2016 WL 4978363 (C.A.5 (Tex.))

Public Employment: County social worker received adequate pre-termination process and was not entitled to additional process or a name clearing hearing after removal.  Schumacher v. Scholz 2016 WL 4444936 (W.D.Wis.)

Discrimination: Director of music for Catholic church was “minister,” so that ministerial exception barred his employment discrimination claims against church.  Sterlinski v. Catholic Bishop of Chicago 2016 WL 4439949 (N.D.Ill.)

Hours and Wages: Commercial motor carrier failed to establish that California wage and hour laws violated the dormant Commerce Clause.  Yoder v. Western Express, Inc. 2015 WL 11123303 (C.D.Cal.)

Workers’ Compensation: Provision of IIA governing repayment of overpayments caused by innocent misrepresentation applied to both final and temporary orders.  Birrueta v. Department of Labor and Industries of the State of Washington 2016 WL 4942341 (Wash.)

Wrongful Discharge: Employees’ statements on news broadcast that they were told to lie to customers were not so disloyal as to fall outside NLRA’s protections.  DIRECTV, Inc. v. National Labor Relations Board 2016 WL 4933174 (C.A.D.C.)

Benefit Plans: ERISA plan administrator’s decision that participant, whose foot was crushed, became disabled when his pain worsened was arbitrary and capricious.  Meyers v. Sheet Metal Workers’ Local No. 73 Pension Fund 2015 WL 890986 (N.D.Ill.)

Collective Bargaining: Employee benefit plans adequately alleged that evergreen clause in me-too agreement bound employer to renewal of CBA, which employer did not sign.  Carpenters Health v. Management Resource Systems Inc. 2016 WL 4750520 (C.A.3 (Pa.))

Public Employment: Police officer’s termination was absolute nullity where polygraph test was not recorded and was held without officer’s attorney.  Miller v. City of Gonzales 2016 WL 4563729 (La.App. 1 Cir.)

Hours and Wages: Collective FLSA action would be dismissed as violative of claim splitting rule.  Bojorquez v. Abercrombie & Fitch, Co. 2016 WL 3693798 (C.D.Cal.)

Hours and Wages: Proposed settlement of drivers’ claims against taxi-like network would be denied.  O’Connor v. Uber Technologies, Inc. 2016 WL 4398271 (N.D.Cal.)

Discrimination: Employee failed to show that employer’s proffered legitimate reason for discharging employee was pretext for disability discrimination.  Choate v. Advance Stores Company, Inc. 2015 WL 12531704 (M.D.Tenn.)

Unfair Labor Practices: NLRB failed to apply proper standard in determining whether employee who allegedly harassed non-strikers on highway committed striker misconduct.  Consolidated Communications, Inc. v. National Labor Relations Board 2016 WL 4750914 (C.A.D.C.)