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Monthly Archives: June 2019
  • EEOC Releases Top 10 Charges for 2018, Litigation Data

    On April 10, the Equal Employment Opportunity Commission (EEOC) released Fiscal Year 2019 Enforcement and Litigation Date. Below are the top 10 charges for 2018.

    Retaliation: 39,469 (51.6 percent of all charges filed)
    Sex: 24,655 (32.3 percent)
    Disability: 24,605 (32.2 percent)
    Race: 24,600 (32.2 percent)
    Age: 16,911 (22.1 percent)
    National Origin: 7,106 (9.3 percent)
    Color: 3,166 (4.1 percent)
    Religion: 2,859 (3.7 percent)
    Equal Pay Act: 1,066 (1.4 percent)
    Genetic Information: 220 (.

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  • Employer May Waive Right To “Failure To Exhaust” Defense If Not Raised Timely

    The U.S. Supreme Court ruled in a unanimous decision on June 3, 2019, that federal courts may be able to hear discrimination claims under Title VII of the Civil Rights Act even if workers don’t bring them to the U.S. Equal Employment Opportunity Commission (EEOC) or an equivalent state agency.
    In Fort Bend County V. Davis, Lois Davis filed a charge with the EEOC against her employer, Fort Bend County, for sexual harassment and retaliation.

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  • Arbitration Agreements Must Provide For Class Arbitration Explicitly

    One year passed since the U. S. Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements which provide for individualized proceedings are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”).  Since Epic, the legality of class waivers has still been a hot-button issue with multiple arbitration cases on the Supreme Court’s docket.  Recently, in Lamps Plus v.

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  • Ninth District Court of Appeals Holds Employer Cannot Sue A Provider For False/Misleading Information As To A Claimant’s Disability

    In Automation Tool & Die, Inc. v. Medina Hospital, et. al., 9th Dist. No. 19CA009-M, a nurse practitioner was filling out forms requesting treatment and additional conditions using Dr. Terry’s rubber-stamped signature.  The company later found claimant was working while receiving temporary total disability compensation and the additional allowances were vacated by the Commission.  The company then filed a complaint against the hospital and Dr.

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  • Light Duty Job Offers Need Not Be In Writing When Defending Against A New Period Of TTD

    In State ex rel. Mercy Health v. Indus. Comm. of Ohio, 10th Dist. No. 18AP-64, 2019-Ohio-1859 claimant was injured in 2017 and her claim was allowed for strains to the lumbar region and left wrist.  The physician assistant treating the claimant completed a Medco-14 certifying she could not return to her former position of employment but could return to work with restrictions as of May 18, 2017.

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News

  • The Joint Employer Rule and OSHA LiabilityRead more

Events

  • May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in ConstructionRead more

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