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Employment Law

Employment: Whistleblower Retaliation-FRSA

Where a railroad corporation sought review of a labor department decision finding that the railroad violated whistleblower retaliation provisions of the Federal Railroad Safety Act by suspending a locomotive engineer, the administrative review board and the administrative law judge committed ...

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Employment: Race Discrimination-Federal Question Jurisdiction-Preemption

Where a ground freight employee sued his former employer for race discrimination, and the district court found that the suit invoked federal question jurisdiction under the Labor Management Relations Act, the court properly found that complete preemption under the LMRA ...

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Employment: Disability Discrimination-Failure to Accommodate

Where a plaintiff in a disability-discrimination action challenged the grant of summary judgment to her former employer, the U.S. Department of Energy, the uncontroverted facts established that the DOE accommodated the plaintiff’s disabilities to the extent that she requested specific ...

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Employment: Disability Discrimination-Failure to Accommodate

Where a plaintiff in a disability-discrimination action challenged the grant of summary judgment to her former employer, the U.S. Department of Energy, the uncontroverted facts established that the DOE accommodated the plaintiff’s disabilities to the extent that she requested specific ...

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Employment: Non-Compete-Enforceability

Defendant appealed from the trial court’s judgment enforcing a non-compete covenant against defendant. On appeal, defendant argued that the non-compete was overbroad, that his acceptance of a subsequent job superseded his agreement containing the non-compete covenant, and that the non-compete ...

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Employment: Disability Discrimination-Pretext

Where an assistant college professor brought claims including discriminatory discharge based on disability following her termination, the plaintiff did not identify facts to support a cat’s paw theory and did not raise this argument before the district court, and the ...

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Employment: Disability Discrimination-Arbitration

Defendant appealed the order overruling its motion to stay the proceedings and compel arbitration of plaintiff’s disability discrimination suit. Plaintiff claimed that she had vision issues and had her store’s assistant manager complete electronic documents for her upon plaintiff’s hiring, ...

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Employment: Collective Bargaining Agreement-Early Retirement Benefits-Motion to Compel Arbitration

Plaintiff appealed the district court’s denial of plaintiff’s motion to compel arbitration of its grievances against defendant. Defendant previously had announced that it would close a manufacturing plant; after discussions, the parties signed a memorandum of understanding extending their collective ...

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