Latest Updates

DC Court Vacates DOES’s Denial of Unemployment Benefits Because Agency Failed to Render Finding on Whether Absenteeism Was Deliberate

Petitioner Sharion Larry was denied unemployment benefits by the DC Department of Employment Services on the grounds that she was discharged for gross misconduct on account of absenteeism. Larry appealed to the DC Court of Appeals, which held, in Larry v. National Rehabilitation Hospital, that the Agency’s finding of gross misconduct was not adequately supported in the record since the […]

Court Holds that Knowledge of Co-Workers of Sexually Hostile Work Environment Was Not Sufficient to Put Employer On Notice of Harassment

In Huston v. The Proctor and Gamble Paper Products Corp., the United States Court of Appeals for the Third Circuit agreed that the employer should not be held liable for the sexually hostile work environment created by some of its workers because it acted promptly in investigating the allegations of harassment once plaintiff reported the harassment to management and thereafter […]

There Is No Cause of Action Under Title VII for Third-Party Retaliation

Employee filed suit against former employer alleging that employer terminated his employment in retaliation for his fiance filing a charge of discrimination against the employer alleging gender discrimination. Joining other Circuits, the United States Court of Appeals for the Sixth Circuit, in Thompson v. North American Stainless, LP, today held that Title VII retaliation claims can only be asserted by […]

Federal Court Holds That Written Reprimand Was Not Adverse Employment Action Sufficient to Support Retaliation Claim

The United States Court of Appeals for the Eighth Circuit, in Littleton v. Pilot Travel Center, LLC, held that a written reprimand, called a “Correction Notice,” notifying an employee that if he did not discontinue his inappropriate and harassing conduct that he would be terminated was not an “adverse employment action” sufficient to support a retaliation claim. The Court reasoned […]

Court Holds Employer’s Recission of Workplace Policy Giving National Guardsman Preferencial Work Schedule Did Not Violate USERRA

In Crews v. City of Mt. Vernon, the Unites States Court of Appeals for the Seventh Circuit held today that an employer’s decision to rescind a policy giving National Guardsman preferential treatment with respect to scheduling did not violate USERRA. The Court concluded that because the policy was not an “employment benefit” that was available to all employees regardless of […]

Employee Manual Held Not to Create Contractual Obligations Relating to Termination of At Will Employee

Federal Court held that employee manual, which did include a disclaimer that provisions regarding termination did not create contractual obligations, did not alter the employer’s rights with respect to terminating an at-will employee. A copy of the written decision can be read here.

For additional information on employment contracts and terminating employees,  contact Eric W. Gunderson.

Employee With Anxiety Disorder Caused By Working with Former Supervisor Is Not Disabled For Purposes of Disability Claim

Employee who allegedly suffered from an anxiety disorder and depressed mood because of her interactions with a former supervisor filed claim against employer under the Rehabilitation Act for failing to accommodate her claimed disability. Employee argued that she was disabled because she was substantially limited in her ability to work because of her mental disorder. The US District Court for […]

Harassment Claim Dismissed Where Alleged Harassment Was Sporadic and Not Sufficiently Severe

In Tolson v. Springer, the US District Court for the District of Columbia granted summary judgment in favor of an employer on an employee’s claim under Title VII of sexual and racial harassment on the grounds that the harassment was sporadic and not sufficiently severe to amount to the type of harassment that is actionable under Title VII. The Court […]

Employee’s Title VII Claim Fails Where Employer’s Decision to Terminate Was Based on Reasonable Belief He, Not White Coworker, Engaged in Misconduct

African-American Security Officer brought Title VII claim against his employer alleging that he was terminated because of his race. Security Officer was terminated for fighting after getting into a fight with a white co-worker, and argued that he had an actionable Title VII claim because he was terminated for fighting whereas his white co-worker was not. The US District Court […]

Real Estate Agents Were Independent Contractors, Not Employees, of Brokerage Firm, Thus Could Not Bring Title VII Discrimination Claim

Three real estate brokers who had signed independent contractor agreements with a real estate brokerage firm argued that the firm controlled their work as if they were employees and, therefore, they could bring Title VII discrimination claims against the firm. In Sean Proa v. NRT Mid-Atlantic, Inc., the US District Court of Maryland held that the three brokers were not […]