Labor law doesn’t preempt ADA claim

Published: December 14, 2012

Tags: ADA, AMERICANS WITH DISABILITIES ACT, collective bargaining agreement, disability benefits, disability discrimination, Labor-Management Relations Act

Federal labor law does not preempt a disability discrimination claim filed by a UPS worker suffering from a serious back injury, the 6th Circuit has ruled in reversing a dismissal.

Employer can be sued for requiring gynecological exam

Published: December 12, 2011

Tags: independent medical exam, Labor-Management Relations Act, retaliation, sex discrimination

An employer engaged in sex discrimination when it conditioned a female truck driver’s continued employment on her undergoing an independent medical examination for a gynecological condition, Maryland’s highest court has ruled in affirming a $645,000 jury verdict.

Retaliation suit against airline isn’t preempted

By: Pat Murphy
Published: February 10, 2011

Tags: Labor-Management Relations Act, preemption, Railway Labor Act, retaliation

Federal labor law governing the transportation industry does not completely preempt an airline employee’s state-law retaliation claim, the 7th Circuit has ruled in ordering a remand to state court.