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April 2019 Archives

Fourth Circuit - Race Discrimination decision

The Fourth Circuit today reversed the district court (South Carolina) in a Section 1981 and Title VII race discrimination case. The plaintiff was evidently represented pro bono on appeal by the Univ. of Virginia. The plaintiff was a garbage truck driver and was terminated after he complained about delays in getting his truck repaired; the employer also claimed that the plaintiff had committed several earlier infractions.

What is reasonable accommodation?

For employees with certain disabilities, returning to work can be challenging. As a result, the law requires employers in Washington, D.C. to provide reasonable accommodation to workers who are not able to function normally in their previous jobs. If employees ask for accommodation, employers must do whatever they can to make sure they are still able to work.

Do I have the right to free speech at work?

It is a scenario some workers fear: to say something that an employer dislikes and to be fired because of it. As Forbes explains, the First Amendment protection of free speech rights does not typically apply to workplaces. In many cases, an employer may sanction or fire someone for what they say. However, there are important exceptions that can land an employer in hot water for terminating a Washington D.C. worker for his or her speech.

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Bernabei & Kabat, PLLC
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Phone: 202-745-1942
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