Sixth Circuit Reverses SJ in Failure to Promote Case
In Levine v. DeJoy (6th Cir., No. 22-1388, 04/10/23), Levine sued the United States Postal Service (USPS), alleging discrimination by failing to promote her based on race. The Sixth Circuit reversed the trial court's summary judgment for the employer. Levine, an...
Sixth Circuit Reverses Dismissal of FMLA Claim
In Milman v. Feiger & Feiger, P.C. (6th Cir., No. 21-2685, 01/25/2023), Milman sued the employer law firm, alleging the employer violated the FMLA when it terminated her immediately after she requested unpaid leave to care of her son. The Sixth Circuit reversed...
SCOTUS: It’s Not Over Until It’s Over
In Waetzig v. Halliburton Energy Services, Inc. (S.Ct. No. 23-971, 2/26/25), the U.S. Supreme Court unanimously held that voluntary dismissals under F.R.C.P. Rule 41(a) may constitute final orders under Rule 60(b), thus paving the way for previously dismissed claims...
Sixth Circuit Finds Seizure Disorder Renders Utility Worker a “Direct Threat” under ADA
In Smith v. Newport Utilities (6th Cir., No. 24-5502, 2/27/2025), the Sixth Circuit Court of Appeals upheld summary judgment for the employer on the plaintiff's claim that he was discharged in violation of the Americans with Disabilities Act. Smith was a...
Sixth Circuit: If You Signed It – You Read It
In Gavette v. United Wholesale Mortgage, LLC, 2025 WL 318224 (6th Cir., January 28, 2025), Gavette was terminated and filed suit alleging retaliation based on his request for an accommodation to care for his disabled wife. The employer, United Wholesale, moved to...
Sixth Ciruit Remands on Various FMLA Claims
In Chapman v. Brentlinger Enterprises (6th Cir. Nos. 23-3582/3613, 12/13/2024), Chapman alleged various claims including employer interference and retaliation under the Family Medical Leave Act ("FMLA") following her termination after taking time off to take care of...
Sixth Circuit Affirms ADEA Summary Judgment – Plaintiff not Qualified for Failure to Pass Graded Test
In Walden v. General Electric International and Communication Workers of America (6th Cir., No. 24-5141, 10/24/2024), Walden sued his employer and union for age discrimination. The Western District of Kentucky granted summary judgment for the defendants. Walden worked...
Sixth Circuit Affirms – and Reverses – on ADEA Discrimination and Harassment Claims
In McNeal v. City of Blue Ash, Ohio (6th Cir., No. No. 23-3180, 9/23/2024), the City terminated McNeal, a 61-year-old police officer and the oldest officer in the Department. He sued claiming age discrimination and a hostile work environment. The federal district...