Latest in Employment Law

Settlement: EEOC v. Taylor Shellfish Company Inc

Court: U.S. District Court for the Western District of Washington Judge: Richard A. Jones, Western District of WA Date Filed: September 28, 2016 Date of Settlement or Verdict: Consent Decree Approved July 31, 2017 Total Amount of Judgment or Settlement: $160,000 plus a consent decree requiring Taylor to implement other relief Basic Facts and Claims: According to EEOC's suit, a black maintenance mechanic at...

WELA files amicus brief in Zhu v. North Cent. Educ. Dist. No. 171, addressing retaliation at a prospective employer for claim with former employer

On July 26, 2017, WELA filed an Amicus Curiae brief in the Supreme Court of Washington in Zhu v. North Cent. Educ. Dist. No. 171, No. 94209-9.  In this case, Plaintiff made a race discrimination and retaliation suit against his prior employer, which settled, and was later applied for employment with the defendant, which knew about the prior race...

Attorney Did Not Engage in Protected First Amendment Activity; Jury Verdict Reversed

WELA ALERT: NINTH CIRCUIT Attorney Did Not Engage in Protected First Amendment Activity; Jury Verdict Reversed The plaintiff worked for many years as a civil litigation attorney for the Maricopa County Attorney’s Office (MCAO), and later (briefly) as a direct employee of Maricopa County, defending the county and related entities in civil lawsuits, before again returning to her previous employment at...

Unwanted Hugging Can Constitute Illegal Sexual Harassment

WELA ALERT: NINTH CIRCUIT Unwanted Hugging Can Constitute Illegal Sexual Harassment Plaintiff was a correctional officer. She claimed the sheriff created a sexually hostile work environment by greeting her with 100 unwanted hugs and one unwelcome kiss over a 12-year period. She claimed he pressed his chest into her breasts. She complained but her employer did not investigate. She also claimed...

Court Will Decide Whether Applicants Can Bring Retaliation Claims Based on Opposition With Respect to a Different Employer

WELA ALERT: WASHINGTON SUPREME COURT Court Will Decide Whether Applicants Can Bring Retaliation Claims Based on Opposition With Respect to a Different Employer The district court certified the following question to the Washington Supreme Court:  “Does RCW 49.60.201(1) create a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation for prior opposition to...

State Prosecutor was Not an “Original Source” for Qui Tam Suit

WELA ALERT: NINTH CIRCUIT State Prosecutor was Not an “Original Source” for Qui Tam Suit Prather, the relator in this qui tam action, served as a state prosecutor for over thirty years and supervised hundreds of wiretaps.  In 1994 Congress passed the Communications Assistance to Law Enforcement Agencies Act (“CALEA”), which authorized the payment of $500 million to telecom companies for...

Court Will Decide Whether an Employee Should Appeal a Mixed Case the MSPB dismisses for Want of Jurisdiction to the Federal Circuit or the District Court

WELA ALERT: SUPREME COURT Court Will Decide Whether an Employee Should Appeal a Mixed Case the MSPB dismisses for Want of Jurisdiction to the Federal Circuit or the District Court On January 13, 2017, the Supreme Court granted certiorari in Perry v. MSPB, 829 F.3d 760 (D.C. Cir. 2016). Perry presents an arcane issue of procedure for federal employees. Normally...

District Court Granted Summary Judgment to Employer on Each of Employee’s Claims; District Court was Wrong Each Time

WELA ALERT: NINTH CIRCUIT District Court Granted Summary Judgment to Employer on Each of Employee’s Claims; District Court was Wrong Each Time Plaintiff was a single mother with seven children. She worked at an Idaho grocery store where she supervised employees on the night shift. She was fired for “gross misconduct” allegedly for taking a stale cake from the bakery to...

Family Care Act Allows Employee to Use Disability Plan to Care for Family Member Where Employer Does Not Provide Sick Leave

WELA ALERT: WASHINGTON COURT OF APPEALS Family Care Act Allows Employee to Use Disability Plan to Care for Family Member Where Employer Does Not Provide Sick Leave The employer in this case did not provide paid sick leave. When employees are ill they may receive paid leave through a short-term disability (“STD”) plan. Employees also receive two paid personal days and...

District Court Improperly Granted Employer Summary Judgment on Retaliation, Discrimination and Hostile Work Environment Claims

WELA ALERT: NINTH CIRCUIT District Court Improperly Granted Employer Summary Judgment on Retaliation, Discrimination and Hostile Work Environment Claims Plaintiff was born in Mexico and moved to the United States several decades ago at age 15.  He became a United States citizen in 1981.  From 2004 to 2010, Efrain worked as a millwright at Roseburg, where he performed his job well...

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