District Court Refuses to Hear Workers’ COVID Claims

By Alyssa L. Levy As employees begin returning to work, the court’s decision in Rural Community Workers Alliance et al. v. Smithfield Foods Inc. et al., No. 5:20-cv-06063 (W.D. Mo. May 5, 2020) may influence whether courts hear claims about worker protections. In this case, the plaintiffs alleged the defendant employer failed to adequately protect its […]

Management’s Negligence Not Enough for Punitive Damages

By Joseph Hunt The Fourth Circuit Court of Appeals recently reversed a jury award of punitive damages under Title VII because the plaintiff had not established the employer acted with malice or reckless indifference. The Court held that a plaintiff must show culpability beyond mere negligence at the management level in order to hold the […]

Ninth Circuit Benchslaps EEOC’s Perplexing ADA Position Shift

By John Doran The Ninth Circuit Court of Appeals recently held that an employer may use after-acquired evidence to demonstrate that an employee is not qualified and therefore is not entitled to ADA protection. Anthony v. TRAX International Corporation, No. 18-15662 (9th Cir. April 17, 2020). In reaching this holding, the Court flatly rejected the EEOC’s […]