In a non-precedential opinion that may nevertheless be important to litigators, a Fifth Circuit panel splits three ways on whether an employee must continue to defend her Title VII prima facie case under the McDonnell Douglas rubric after the employer presents a legitimate, non-discriminatory reason for an employee's termination. The courts continue to disagree on this issue even decades after the Supreme Court first framed-out this method of proof.
The Sixth Circuit sends back for trial an ADA and Family and Medical Leave Act case, where the employee - returning from medical leave, but still experiencing health difficulties - was forced to work beyond his medical restrictions. He was allegedly told by a Vice President of the company, shortly before his termination, that (1) the employer was not covered by the FMLA, and (2) the employee was a "liability" to the company. The panel holds that there is sufficient evidence that the company, while employing fewer than the necessary fifty employees mandated by the FMLA, was an "integrated employer" with a larger affiliated company.
The panel majority in this Eleventh Circuit appeal reverses summary judgment in an ADA and Florida state law claim. It holds that FedEx possibly imposed an impermissible qualification standard on a job applicant with diabetes, by insisting that he pass a federal Department of Transportation medical certification for a mechanic's position that was not otherwise subject to the Federal Motor Carrier Safety Regulations (FMCSRs).
When a retirement plan manages employees' money, it also has a responsibility to keep an eye on the expenses that can quietly erode away earnings. The Eighth Circuit affirms an ERISA breach of fiduciary duty judgment against two retirement plans for allowing its recordkeeper to overcharge the fund for services, and orders the return of $13.4 million. The court nonetheless vacates for further proceedings a claim for inappropriate investment options, and reverses (over a dissent) a judgment that the plan recordkeeper converted short-term funds (a "float") to non-plan purposes.