A split Fifth Circuit panel gave a former college technology manager a second shot at alleging she was fired for taking medical leave to deal with neurological disabilities, ruling that a jury should weigh whether discrimination or performance issues led to her termination.
The U.S. Supreme Court's recent refusals to revisit a long-standing employer-friendly framework for evaluating workers' discrimination claims have led federal appellate courts to explore ways to narrow the doctrine's reach without the high court's help, experts said.
A United Food & Commercial Workers local in Colorado violated federal labor law when it fired an employee who testified in a National Labor Relations Board case accusing it of bargaining in bad faith with its employees' union, an agency judge ruled, ordering the local to reinstate him with back pay.