1st Circuit Court Reports Archive 

Plan Fiduciary’s Offset of Veterans’ Benefits Violates ERISA Boy Scouts Discriminated Against Egyptian-American Muslim, Court Rules Single Egregious Act Could Create Hostile Work Environment Neutral Ranking Criteria Insulate Employer in Reduction-in-Force Age Bias Claim Should Go to Jury No Retaliation Claim Where Supervisors Did Not Know of Protected Activity Job Need Not Be Kept Open Indefinitely Under FMLA Defense of Marriage Act Deemed Unconstitutional Store Manager with Bad Knee Could Not Perform Essential Functions of Job Unflattering Comments and Stray Remarks Not Gender Discrimination Letter Carrier’s Claim of Disability-Based Harassment Properly Dismissed $2 Million Jury Verdict Upheld in Retaliation Case SOX Whistle-Blower Protection Limited to Employees of Public Companies 1st Circuit: Suspension with Pay Did Not Violate Public Employee’s Due Process Rights 1st Circuit: FLSA Administrative Exemption Applies to Banquet Sales Managers 1st Circuit: Unqualified Applicant Passed Over for Promotion Cannot Advance 1st Circuit: Dismissal of Sex Discrimination, Age Discrimination and Retaliation Claims Upheld 1st Circuit: Court Holds Employer Accountable for USERRA Violation 1st Circuit: Sexual Innuendos and Demeaning Comments Cost Employer $1.6 Million 1st Circuit: Schizophrenic Employee May Continue with ADA Lawsuit 1st Circuit: Confidentiality Clause Violates NLRA 1st Circuit: ‘Current’ Year Is Year of Discrimination for Purposes of Title VII Damage Cap 1st Circuit: HR’s Response to Harassment Complaint Fails to Shield Employer 1st Circuit: Employee’s Failure to Notify Employer of Repeat Harassment Fatal to Claim 1st Circuit: FMLA Does Not Cover Faith Healing 1st Circuit: Title VII Does Not Protect Employees from ‘Generally Disagreeable Behavior’ 1st Circuit: No Discrimination Where Employee Was Terminated for Violating Employer’s Policy 1st Circuit: USERRA Coverage May Be Triggered Prior to Formal Military Orders 1st Circuit: Dismissal of ERISA Anti-Cutback Claim Upheld 1st Circuit: $677,441 Jury Award Overturned 1st Circuit: Public Employers Must Be Mindful of First Amendment Rights 1st Circuit: Minor Workplace Inequities Insufficient to Succeed on Title VII Claim 1st Circuit: No Notice Required Before Taking Advantage of Public Safety Exemption 1st Circuit: Professor Complains About Wrong Person, Wrong Thing at Wrong Time 1st Circuit: No Unfettered Telephone Privacy for Public Safety Employees 1st Circuit: Examining Physician, SSD Determination Not Enough to Meet LTD Standard 1st Circuit: Unambiguous Contract Foils Employee’s Claim to Bonus 1st Circuit: ADA Claim Dischargeable in Bankruptcy 1st Circuit: State Immune from Promotional Exam Challenge 1st Circuit: Court Enforces Neutrality Agreement and Rejects Coercion Claim 1st Circuit: Excessive Scope Did Not Defeat Non-compete Enforcement 1st Circuit: Inconsistent Explanations for Termination Cited in Reversal of Judgment 1st Circuit: ERISA Plan Construction that Avoided Windfall for Beneficiary Was Reasonable 1st Circuit: Company Could Not Recover Under Directors and Officers Liability Policy 1st Circuit: FMLA Claim Barred Even if Employer Erroneously Represented Eligibility 1st Circuit: Derivative Claims by Relatives of a Discrimination Plaintiff Were Untimely 1st Circuit: Societal Stereotypes May Support Title VII Claim 1st Circuit: Fired Employee Alleges Libelous Intracompany E-mail 1st Circuit: ADA Verdict for Bipolar Worker Upheld 1st Circuit: Testimony Not the Reason for HR Manager’s Discharge 1st Circuit: Theatrics over Unfairness Does not Raise Jury Issue of Retaliation 1st Circuit: Employer Not Liable to Ex-Employee for Misrepresenting Stock Option Period 1st Circuit: Employer Policies Do Not Expand Title VII Obligations 1st Circuit: Bristol-Myers Squibb Did Not Discriminate 1st Circuit: Political Affiliation Claim Fails 1st Circuit: Denial of Accidental Death and Dismemberment Benefits Upheld 5th Circuit: Generous FMLA Leave May Not Shield Employer from Liability 1st Circuit: Retaliation Claim Against New Supervisor Defeated 1st Circuit: Bus Company Committed Unfair Labor Practice 1st Circuit: Provision of Plan Summary Defeated Claim 1st Circuit: Poetic Attorney Loses ADEA Claim 1st Circuit: Employer Pays with Interest After 14-Year Dispute 1st Circuit: Benefits Plan Participant's Negligence Claims Pre-empted 1st Circuit: Eligibility for Rehabilitation Did Not Establish Disability 1st Circuit: 'Single-Employer Doctrine' Applied Against Merck Subsidiary 1st Circuit: Lack of Specificity in Request Dooms Accommodation Claim 1st Circuit: 'Close corporation' covered by Title VII, ADA 1st Circuit: Marine Reservist's Claim Allowed To Proceed 1st Circuit: FMLA Definition of 'Eligible Employee' Continues To Evolve More...