The plaintiff in Trautman v. Time Warner Cable attempted to argue retaliation under the Family Leave and Medical Act (FMLA) and Americans with Disabilities Act (ADA) after she was terminated for having 22 non-FMLA approved absences in almost four months.
The Eighth Circuit holds that Plaintiff was not similarly situated to other employees who had committed the same infraction for which he was terminated, as the other employees were not at the same stage of the employer’s progressive discipline process.
The Tenth Circuit clarified that demonstrating that an employer failed to accommodate a disability, standing alone, is not sufficient to succeed on a claim under the Americans with Disabilities Act.
Following a mass walk out at Google offices across the country, the company announced it was putting an end to forced arbitration for sexual harassment complaints. Several other tech companies followed suit, sparking a trend and conversations regarding the merits of arbitration.
The case is a reminder about the importance of having effective internal procedures for handling, investigating and responding to complaints.