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Federal Air Marshal Could Proceed With Whistleblower Lawsuit

Robert J. MacLean became a federal air marshal for the TSA in 2001. In that role, MacLean was assigned to protect passenger flights from potential hijackings. In July 2003, the Department of Homeland Security issued a...more

InterConnect - Winter/Spring 2015

In this Issue: - Between a Rock and a Hard Place: Employers Must Walk a Narrow Path to Comply with DOT and EEOC Directives - New FDA Guidance for 3PLs on License Reporting Under the DSCSA - Moving Ahead in...more

Pam Transport Ordered to Pay $477,399 In EEOC Disability Case

Trucking Company Subjected a Class of Drivers to Unlawful Medical Inquiries, Federal Agency Charged - DETROIT - PAM Transport, Inc. has been ordered to pay 12 of its former truck drivers a total of $477,399 in a...more

Can Federal Immigration Law And AB 60 Be Reconciled?

On Jan. 1, 2015, the California Department of Motor Vehicles began accepting applications for the new A.B. 60 driver's license, named after the California legislative enactment that amended the state Vehicle Code to permit...more

Job descriptions continue to be critical in defending against disability claims

The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an...more

Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered...more

Supreme Court Issues Major Ruling Affecting Federal Workers Violating Agency Regulations

On January 21, 2015, the United States Supreme Court issued a ruling determining that federal workers that violate agency regulations are still covered by federal whistleblower protections. The case was DHS v. MacLean, and...more

You Must Be Sober For More Than A Week To Keep Your Truck Driving Job

If a commercial driver is diagnosed with chronic alcoholism, can his employer terminate him a week later because his diagnosis excludes him from performing the essential functions of his job? In Jarvela v. Crete Carrier...more

Supreme Court Continues to Advance Broad View of Whistleblower Protections

Various whistleblower laws protect employees who "lawfully" disclose confidential information in good faith to bring to light illicit or illegal activity. Generally, therefore, employees do not receive whistleblower...more

Supreme Court Delineates Federal Whistleblower Protections in TSA Disclosure Case

On January 21, 2015, the Supreme Court of the United States decided whether a federal air marshal, who publicly disclosed that the Transportation Security Administration (TSA) had decided to cut costs by removing air marshals...more

Supreme Court Decides Department of Homeland Security v. MacLean

On January 21, 2015, the U.S. Supreme Court decided Department of Homeland Security v. MacLean, holding that an Air Marshal was entitled to whistleblower status after disclosing plans to remove Air Marshals from certain...more

Whistleblower Protection Extends To Federal Workers Who Violate Agency Regulations

Yesterday the U.S. Supreme Court held that an agent of the Transportation Security Administration (TSA) who disclosed information that was prohibited by TSA regulations, was nonetheless protected under the Whistleblower...more

OSHA Hands Down Record Award Under Federal Railroad Safety Act

The Occupational Health and Safety Administration (OSHA) gave a MTA Metro-North railroad employee a record award under the Federal Railroad Safety Act after they suffered an injury in 2011. The $250,000 in punitive damages...more

Business Litigation Alert: U.S. Supreme Court Set to Decide High Profile Whistleblower Case

On November 4, the U.S. Supreme Court heard the case Department of Homeland Security v. MacLean - a whistleblower protection case that is being closely watched. At issue is whether an employee can be terminated for...more

Pregnancy Discrimination in the Workplace – The Supreme Court Weighs In on Employer’s Duties

In our previous blog post, we discussed and detailed the Pregnancy Discrimination Act and the stringent Enforcement Guidelines distributed by the EEOC this summer. On December 3rd, the United States Supreme Court will hear...more

InterConnect - Counsel for the Road Ahead®

In this Issue: - Get Organized! With NLRB’s “Ambush Election Rules” Looming, Employers Must Be Proactive in Their Union-Free Message - What’s Cooking?: The FDA’s Proposed Regulations on Sanitary Food...more

Employers: How Prepared Are You for Ebola?

Rapidly changing circumstances raise workplace questions. The Ebola epidemic in 2014 has already been confirmed by the U.S. Centers for Disease Control (CDC) as the worst in history. The extent of this outbreak is...more

Employers Must Be Cautious in Addressing Ebola Concerns

Neither the U.S. Equal Employment Opportunity Commission nor the Centers for Disease Control has issued any specific guidance for employers to deal with Ebola issues. With multiple Ebola cases diagnosed in the United States...more

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

EEOC Sues FedEx Ground Package System, Inc., for Nationwide Disability Discrimination

Shipping Giant Repeatedly Failed to Provide Needed Accommodations to Deaf and Hard-of-Hearing Package Handlers and Applicants, Federal Agency Charges - BALTIMORE - Shipping giant FedEx Ground Package System, Inc.,...more

Supreme Court Poised to Hear TSA Whistleblower Case

The Transportation Safety Administration (TSA) plays a crucial role in our national safety infrastructure. Yet the agency has been subjected to significant criticism — and even been the butt of jokes — for the last several...more

Alcoholic Truck Driver Case Is Good For Transportation Employers, But Be Careful

The U.S. Court of Appeals for the 11th Circuit, which hears appeals from federal courts in Alabama, Florida, and Georgia, recently affirmed summary judgment for Crete Carrier Corporation. Crete fired one of its truck drivers...more

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned...more

DOT Proposes to Fine Motor Carriers and Others Who Coerce Drivers to Violate Safety Rules

The Surface Transportation Act currently provides commercial drivers with recourse if they are retaliated against for refusing to violate federal motor carrier safety rules. Earlier this month, the Department of...more

Whistleblower Suit Filed Against Texas Railroad Commission

Frederick Wright recently sued the Texas Railroad Commission for terminating his employment in violation of state whistleblower laws. If the suit is not settled, it could attract considerable attention in Texas....more

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