Legal Update: NLRB Pulls Off December Hat Trick
As they are looking ahead to 2020, employers should take note of three recent decisions issued by the National Labor Relations Board.
DISABILITY DISCRIMINATION: Complaint Disabled: SSDI Benefits Application Sinks ADA Claim
The U.S. Court of Appeals for the 1st Circuit (whose rulings apply to all Rhode Island employers) recently ruled an employee couldn’t establish she could still perform her job when she had previously sworn under oath—when applying for Social Security disability income (SSDI) benefits—she was totally disabled.
Employment and Labor Law Seminar 2019
You are invited to the Employment and Labor Law Seminar on Thursday, April 11, 2019, 3:00 PM – 5:00 PM, at the Crowne Plaza, 801 Greenwich Avenue, Warwick, RI. Cocktail Reception to follow.
Employer Liability: Timing Is Everything: Gender Bias Claims Iced By Employer’s Records
In Bonilla-Ramirez v. MVM, Inc., the U.S. Court of Appeals for the 1st Circuit recently ruled that an employer didn’t discriminate against an employee based on gender or illegally retaliate against her when it terminated her for violating its standards of conduct. The 1st Circuit focused on whether the employer had a legitimate reason for terminating the employee and on the timing of the employee’s complaints.
Litigation: Differing decisions illustrate disability discrimination pleading requirements
In June 2018, Chief Judge William E. Smith of the U.S. District Court for the District of Rhode Island dismissed an employee’s disability discrimination complaint for failing to adequately allege that she had a disability. Less than two months later, Judge John J. McConnell (of the same court) denied an employer’s motion to dismiss that made the same argument.