The Seventh Circuit sitting en banc reaches a different conclusion than the panel that first decided whether applicants can bring disparate impact claims under the Age Discrimination in Employment Act.
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 WeWork settlement adds to the growing trend of attorneys general investigating employers’ use of non-competes for lower wage and non-managerial employees.
In response to the #MeToo movement, D.C. introduced a bill that would substantially limit the enforcement of non-disclosure agreements related to claims of sexual harassment and discrimination.
The case is a reminder about the importance of having effective internal procedures for handling, investigating and responding to complaints.