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New accommodation rights for pregnant workers offer broad protections
Attorneys see the newly proposed rule to implement the federal Pregnant Workers Fairness Act as painting the employee’s right to a reasonable accommodation with a broad brush while maintaining a firm standard for the employer’s burden of showing that a particular request would constitute an undue hardship.
Court OK’s arbitrator’s reduction of attorneys’ fees in delayed case
The Missouri Court of Appeals Western District ruled March 28 that an arbitrator was justified in reducing an award of attorneys’ fees for a plaintiff who pursued the wrong defendant earlier in the case.
Damages for ex-DOC officer affirmed on appeal
The Missouri Court of Appeals Western District affirmed $140,000 in damages for a former Missouri Department of Corrections officer who alleged her supervisor discriminated against her for being a Lebanese Muslim person.
Discrimination damages reversed, but not sanctions
In a temporary employee’s discrimination claim, the Missouri Court of Appeals Western District reversed a default judgment against a company awarding the plaintiff more than $500,000 in damages, but not the sanctions against the company.
Appeals court affirms verdict for racial hostility at auto plant
The Missouri Court of Appeals Western District on Dec. 13 affirmed a $1.75 million judgment for a Black woman who faced racial discrimination at an automotive plant in Liberty.
High court hears if former employee still has workers’ compensation rights
The case of a union worker whose former employer accepted his union referral notice but didn’t re-hire him will hear from the high court whether his prior workers’ compensation claim rights still apply to him.
Employer-Employee: Employment Agreements-Forum Selection Clause-Single Transaction
Defendant signed an employment agreement upon his hiring by plaintiff. After defendant left his employment, plaintiff sued, alleging defendant left during a binding guarantee period and failed to repay plaintiff pursuant to the parties’ repayment agreement. Defendant removed the case to federal court; plaintiff successfully moved to remand, with the district court holding that the […]
Employer-Employee: Age Discrimination-Voir Dire-Punitive Damages
Plaintiff alleged defendants violated the Missouri Human Rights Act by failing to promote her when she was age 55 over younger, less qualified persons, and retaliated against her by prematurely terminating her temporary positions after she filed her discrimination complaint. A jury found for plaintiff and awarded her actual and punitive damages, and the trial […]
Employer-Employee: Discrimination-Retaliation-Timeliness of Claim
Plaintiff appealed the dismissal of her Title VII and §1981 employment-discrimination and retaliation claims, following which the district court declined to exercise supplemental jurisdiction over her state law claims. Where plaintiff failed to file her complaint within 90 days of receipt of a right-to-sue letter and where the state savings statute did not apply to […]
Employer-Employee: Verdict Directors-Issues Preserved for Appeal
Respondent formerly worked for Orkin; he was terminated,but was provided a positive letter of recommendation and was deemed eligible to return. Respondent claimed age and disability discrimination but did not initiate suit after receiving a right-to-sue letter. Respondent then applied for open positions with Orkin but was not hired. A jury found Orkin and an […]
Employer-Employee: Retaliation-MHRA-Attorneys’ Fees
Where a school district employer challenged a judgment against it on claims of retaliation brought by security-officer employees under the Missouri Human Rights Act, the judgment is affirmed because the plaintiffs presented sufficient evidence to submit the case to the jury and to support the jury instructions, and the trial court did not abuse its […]
Employer-Employee: Discrimination-Unlawful Examination-Failure To Accommodate
Where a plaintiff, who was terminated from her job as a living-skills specialist after she refused to comply with a job requirement that she develop an immunity to rubella, brought claims against a hospital system under the Americans with Disabilities Act and Minnesota state law, summary judgment for the defendant is affirmed because the employer’s […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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- 8th Circuit tosses suit claiming false sale prices
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