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February 2019 Archives

EEOC v. Global Horizons, No. 16-35528 (9th Cir. Feb. 6, 2019)

The Ninth Circuit addresses the legal standard for holding joint-employers liable under Title VII, in a case involving Thai contract workers hired under the H-2A guest-worker program to pick fruit in California orchards. The panel returns the case to the district court for more discovery and factual development.

EEOC v. McLeod Health, Inc., No. 17-2335 (4th Cir. Jan. 31, 2019)

As often as discrimination cases turn on hostility towards protected-class employees, it pays to remember that the same laws apply no less to discrimination motivated by other reasons, such as misguided paternalism. Here, the Fourth Circuit sends a case back for a trial where a hospital believed that 28-year-veteran employee could no longer safely navigate its campus.

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