In today’s News and Commentary, the Third Circuit shuts down a driver’s age discrimination and retaliation suit against CBS and the Teamsters, employment-related litigation is surging in Washington state, and a new book from MIT Sloan argues that the growth of contingent work is remaking the American labor market.
The Third Circuit declined on Monday to reinstate a Pennsylvania truck driver’s suit alleging that CBS Studios and TriStar Pictures refused to hire him because of his age and that his local Teamsters blacklisted him for complaining about its hiring practices. Timothy McLaughlin, a movie set driver, claimed he was shut out of film production work in favor of younger, less experienced drivers with personal connections to union officials, and that Teamsters Local 249 retaliated against him for criticizing its “Producer’s Choice” referral system and filing charges with the NLRB and EEOC. Writing for the panel, Judge Theodore McKee held that McLaughlin’s claims failed because the union did not make hiring decisions—the referral application itself stated in bold, capitalized text that the local had no responsibility for producers’ hiring choices. The court also found that McLaughlin could not establish the causal connection required under the McDonnell Douglas burden-shifting framework between his protected activity and the producers’ failure to hire him.
Employment-related litigation is surging in Washington state, with at least 258 labor and employment suits filed...
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