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6 Feb 2012, 5:22 am by Nicholas J. Wagoner
Chapman, 343 F.3d 811, 829 (6th Cir. 2003) (concluding that the FMLA does not permit individual liability against supervisors employed by public agencies);  Wascura v. [read post]
 However, the European Commission does not have a “decision-making power in terms of defining the purpose or the essential means relating to the processing operation. [read post]
8 Oct 2014, 6:24 am by Joy Waltemath
It also noted that the Title VII framework involving employer liable for HWE claims does not always fit within the context of individual liability under Sec. 1983. [read post]
25 Jul 2013, 9:30 am by K&L Gates
  The court held that Plaintiff could not prevail on claims based on access to emails she had previously opened but not deleted, but declined to dismiss claims based on those emails that were accessed by the former supervisor before being opened by the plaintiff.Defendants claimed that the former supervisor’s actions did not violate the SCA and argued: • The relief plaintiff seeks is not available because the legislative history shows that Congress aimed the SCA at… [read post]
26 Oct 2017, 3:30 am by Eric B. Meyer
So, when a supervisor receives a complaint of harassment with the tag-line, “please don’t tell anyone,” that supervisor should remind that employee that he or she does not need to go it alone. [read post]
3 Nov 2016, 7:06 am by Joy Waltemath
Significantly, the NLRA does not define the term “independent judgment” and is ambiguous as to the degree of discretion required to be a supervisor. [read post]
18 Sep 2009, 2:37 am
Flirtation and brief touchings are not sexual harassment, Eleventh Circuit rulesEpsteinBeckerGreen"When does flirtation and touching by a supervisor cross the line into sexual harassment in violation of Title VII? [read post]
25 Jun 2008, 7:30 am
Let's also suppose after she opts-in to the class action, she believes that her supervisor begins retaliating against her by treating her poorly. [read post]
6 Dec 2009, 6:11 pm by Second Circuit Civil Rights Blog
As the Second Circuit does not issue many rulings on the employer's liability for co-worker harassment, this is an important case. [read post]
24 Apr 2024, 10:31 am by Second Circuit Civil Rights Blog
To win a quid pro quo harassment claim you have to show that the supervisor conditions job-related benefits on your decision to have sex with him. [read post]
21 Feb 2013, 5:29 am
The Appellate Division commented that “[t]he fact that [the supervisor] affirmatively placed her medical condition in controversy in the related action she commenced in federal court does not relieve [Teacher] of her initial burden herein. [read post]
9 Nov 2012, 2:41 pm by Virginia Hunt
 Just because an injury or death occurs at the workplace does not mean that it is compensable as a workers' compensation claim. [read post]
2 Mar 2012, 8:25 am by Jennifer Craighead
Ellerth, 524 U.S. 742 (1998), the Supreme Court ruled that employers are strictly liable for harassment inflicted by supervisors, but they can assert an affirmative defense when the harassment does not result in a tangible employment action. [read post]
19 Aug 2008, 7:21 am
Dollar Stores fired Martha Bryant, who testified that her supervisor told her she was being fired "[b]ecause of your health, I don’t think you can do the job. [read post]
2 May 2013, 7:42 am by Second Circuit Civil Rights Blog
This may seem paradoxical, as the relationship all about sex, and the male supervisor is obviously doing things to promote his affair. [read post]
27 Apr 2017, 8:07 am by Joy Waltemath
Rather, the court observed that the mere fact that an employee’s request for union representation is not met does not, without more, mean that the employer has committed an unfair labor practice. [read post]
18 Jun 2012, 12:06 pm by Peter Vickery
Does the term “any person” mean exactly that, or does it mean “any person in a supervisory capacity or with managerial authority”? [read post]