Tennessee Court of Appeals Finds No Protected Activity Under TPPA
In Tidwell v. Holston Methodist Federal Credit Union (Tenn. Ct. App., E.S., 6/25/2020), the Tennessee Court of Appeals affirmed the dismissal of Tidwell's claim for retaliatory discharge under the Tennessee Public Protection Act ("TPPA"). Tidwell worked for the...
Third Circuit Finds CBA Arbitration Provision Waives Title VII Judicial Forum
In Darrington v. Milton Hershey School (3rd Cir., No. 19-2754, 5/6/2020), the plaintiff spouses, Bradley and Val Darrington, served as house parents for the defendant school. Following their discharge, they sued the school for religious discrimination and retaliation...
Arbitration…Who Says So?
In Blanton v. Domino's Pizza Franchising (6th Cir., No. 19-2388, 6/17/2020) the Sixth Circuit joined all other circuits in holding the arbitrator, not the court, determines the question of arbitrability when the arbitration agreement provides that authority. In this...
Absenteeism Doesn’t Make Disabled Employee Not Otherwise Qualified – Says Sixth Circuit
Last week, in Fisher v. Nissan North America (6th Cir. 2/27/20), the Sixth Circuit reversed a grant of summary judgment by the Middle District of Tennessee. Fisher had worked as a production technician on Nissan's factory line for 14 years with few disciplinary...
Sixth Circuit Affirms Labor Arbitrator’s Award – Reverses District Court
In Zeon Chemicals v. United Food and Commercial Workers, Local 72D (6th Cir., Feb. 13, 2020) the Sixth Circuit reinstated a labor arbitrator’s award. The employee Jenkins, a 22-year employee, was discharged by the employer, Zeon Chemicals, after an incarceration...
Sixth Circuit Finds No Pretext in ADEA Case
In Miles v. South Central Human Resource Agency (6th Cir 01/07/2020) , Ms. Miles sued the Agency for violation of the ADEA. The trial court, Judge Mattice, granted the employer's motion for summary judgment and the 6th Circuit affirmed as Miles failed to establish a...