Demoted UPS Supervisor Fails on All Claims in Sixth Circuit
An African-American UPS Supervisor who asserted claims under Title VII, ADEA, ADA and FMLA failed on all claims in a recent decision from the Sixth Circuit. In Tennial v. United Parcel Service, Inc., 2016 WL 6156315 (6th Cir., October 24, 2016), Tennial had served in...
Fourth Circuit Affirms Denial of Plaintiff’s FMLA Claim Based on Misrepresentation
In Sharif v. United Airlines, Inc. (4th Cir., No. 15-1747, October 31, 2016), the Fourth Circuit affirmed the district court’s summary judgment in favor of the employer on the basis of the employer’s finding that Sharif had fraudulently obtained FMLA leave. Sharif...
Estoppel Argument Dooms Inconsistent ADA Plaintiff in Sixth Circuit
In a recent ADA case arising out of Michigan, the Sixth Circuit affirmed summary judgment for the employer. In Stallings v. Detroit Public Schools, 2016 WL 4036405 (6th Cir. July 28, 2016), the plaintiff had worked for the defendant school system since 2002, teaching...
Pretext Argument Fails for Tennessee ADEA Plaintiff in Sixth Circuit
In Mencarelli v. Alfred Williams & Co., 2016 WL 4036393(6th Cir. July 27, 2016), Karen Mencarelli was hired as an account manager for the defendant Alfred Williams & Co. (“AWC”) in 2012 at the age of 48. AWC is a furniture dealership providing space design...
Sixth Circuit Strictly Enforces 90-Day Limitations Period for Filing Title VII Action
In Rembisz v. Lew, 2016 WL 4036388 (6th Cir., July 27, 2016), the plaintiff Rembisz, an employee of the IRS, filed an administrative charge of sex and race discrimination after being passed over for several promotions. After an investigation, the Agency dismissed his...
Sixth Circuit Slams Caterpillar with Unfair Labor Practices in UAW Election
In Caterpillar Logistics, Inc. v. National Labor Relations Board, 2016 WL 39026407 (6th Cir. July 19, 2016) the Sixth Circuit affirmed the Board’s order which had found Caterpillar had committed several unfair labor practices in the course of a union election. The...