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May 2018 Archives

Davenport v. Edward D. Jones & Co., LP, No. 17-30388 (5th Cir. May 22, 2018)

Can a boss's repeated offer of a "big bonus" to a woman employee as an inducement to date an important customer constitute quid pro quo sexual harassment? The Fifth Circuit today holds that it can ... but also holds (2-1) that the plaintiff failed to present a genuine dispute that she was entitled to such a bonus in the first place.

Fassbender v. Correct Care Solutions, No. 17-3054 (10th Cir. May 15, 2018)

An employee fired during her pregnancy should get a Title VII trial, holds the Tenth Circuit, where one of the putative decision-makers reportedly told the plaintiff "[w]hat, you're pregnant too?," and said "I don't know how I'm going to be able to handle all of these people being pregnant at once" and "I have too many pregnant workers, I don't know what I am going to do with all of them."

Faidley v. United Parcel Service of America, Inc., No. 16-1073 (8th Cir. May 11, 2018) (en banc); Snapp v. Burlington Northern Santa Fe Railway Co., No. 15-35410 (9th Cir. May 11, 2018)

ADA opinions released in the Eighth and Ninth Circuits today underscore that the burden of proof, ultimately, is always on the employee to show that the employer failed to provide a reasonable accommodation. These serve as a reminder to disabled employees and counsel that when seeking reassignment as an accommodation, it is vital to request the reassignment clearly and to set one's sights realistically.

Trump Administration Blinks, Revises Tip-Pooling Legislation

In late March, the Trump administration backed off from a proposal that would have effectively given restaurants and other employers the legal right to pocket workers' tips. The U.S. Department of Labor (DOL) announced the proposed rule change last December, saying it would give employers the "freedom to share tips between traditionally tipped and non-tipped workers." It would have rolled back regulations introduced in 2011 by the Obama administration that barred employers from redistributing tips to anyone other than the employees who would normally receive them.

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