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Physical Work Test Adverse Employment Action

Jackson Lewis P.C.

Refusal To Re-take Physical Abilities Test Dooms Plaintiff’s Ability To Allege Adverse Employment Action

Jackson Lewis P.C. on

The absence of an adverse employment action by an employer routinely is fatal to a claim of discrimination (absent proof of constructive discharge). This bedrock principle was reiterated recently in a case where an applicant...more

Bradley Arant Boult Cummings LLP

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more

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