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December 2017 Archives

Nevertheless, We Must Persist: What Roy Moore's Loss Means for Women in the Workplace

Although Doug Jones' victory over Roy Moore in Alabama last week was by the smallest of margins (Jones won by just 0.5 percent), we can view this as part of a turning tide for American working women, for women professionals, political leaders, social leaders and the great mass of female American employees who turn the cogs of our economy.

Lewis v. City of Union City, Ga., No. 15-11362 (11th Cir. Dec. 15, 2017)

In the ceaseless struggle over what is meant by "similarly situated," an Eleventh Circuit splits over wheThere the plaintiff - a Black woman detective with a heart condition - presented enough evidence that two white male officers who failed a physical-fitness requirement were treated better. The case also considers, forr an ADA claim, wheThere receiving a Taser shock or pepper spraying in training was an "essential function" of the job.

Fallon v. Mercy Catholic Med. Ctr., No. 16-3573 (3d Cir. Dec. 14, 2017)

In a rare federal court of appeals opinion in this area, the Third Circuit has occasion to decide wheThere a hospital employee manifested a religious (versus an ethical) objection to getting a flu shot that would be protected by Title VII's religious-accommodation provision, 42 U.S.C. § 2000e(j).

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