Transactional

Week Ahead in Employment: June 14, 2021

4 minute read

(Reuters) - Here are some upcoming events of interest to the employment law community. Unless otherwise noted, all times are local, and court appearances are virtual due to the COVID-19 pandemic.

Monday, June 14

1:30 p.m. - Lawyers for a former middle school teacher in Ohio will ask a 6th U.S. Circuit Court of Appeals to revive her lawsuit claiming she was unlawfully fired after she was diagnosed with bipolar disorder. The diagnosis came after Melanie Lockhart told coworkers that she had a religious experience and that God was speaking through her. She says Marietta City Schools was required to accommodate her condition, even though she never explicitly asked for an accommodation.

The case is Lockhart v. Marietta City Schools, 6th U.S. Circuit Court of Appeals, No. 20-4308. For Lockhart: Fred Bean of Spitz Law Firm. For the school district: Craig Pelini of Pelini, Campbell & Williams

Tuesday, June 15

10:15 a.m. - The U.S. House of Representatives Education and Labor Committee will hold a hearing on employment opportunities for people convicted of crimes. The hearing will focus on reauthorization of the Workforce Innovation and Opportunity Act of 2014, which is the primary federal law concerned with workforce development.

Thursday, June 17

9 a.m. - A former sales representative for Merck & Co Inc, Schering-Plough Corp and Millennium Pharmaceuticals Inc will ask a 9th U.S. Circuit Court of Appeals panel to find that he was the "original source" of allegations that the companies paid illegal kickbacks to doctors and promoted drugs for off-label uses, and revive a whistleblower lawsuit. Frank Solis says the judge who tossed his case was wrong to find that Solis was not an original source because he did not play a role in submitting false claims to the government.

The case is Solis v. Millennium Pharmaceuticals Inc, 9th U.S. Circuit Court of Appeals, No. 20-15682. For Solis: Celine Cutter of Cutter Law. For Millennium: Sean Commons of Sidley Austin. For Merck and Schering-Plough: Douglas Hallward-Driemeier of Ropes & Gray

9:30 a.m. - A different 9th Circuit panel will consider reviving claims that an Arizona hospital operated by Dignity Health unlawfully fired a medical technician with anxiety and depression rather than allowing her to clock in a few minutes late each day. Heather Cooper says the hospital had a lax policy about clocking in on time, and her coworkers routinely clocked in late but were never disciplined. A judge found that being on time was an essential function of Cooper's job, and tossed out her lawsuit.

The case is Cooper v. Dignity Health, 9th U.S. Circuit Court of Appeals, No. 20-15377. For Cooper: Chad Conelly of Conelly Law Group. For Dignity: Lindsay Fiore of Greenberg Traurig.

Friday, June 18

9 a.m. - Lawyers for a former U.S. Navy chemist will ask a 9th U.S. Circuit Court of Appeals panel to revive his lawsuit claiming he faced a hostile work environment because he refused to join the Church of Latter Day Saints. William Albro's supervisor and many of his coworkers at a Navy facility in California's Mojave Desert were Mormons, and he says he was harassed and passed over for promotions because he was not a member of the church. Albro says the judge who dismissed his case held him to too high of a standard.

The case is Albro v. Spencer, 9th U.S. Circuit Court of Appeals, No. 20-15981. For Albro: John Harrington of The Employment Law Group. For the Navy: William Carter of the U.S. Department of Justice.

Know of an event that could be included in an upcoming Week Ahead in Employment? Contact Dan Wiessner at daniel.wiessner@thomsonreuters.com.

Our Standards: The Thomson Reuters Trust Principles.

More from Reuters