Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

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Thompson v. Fresh Products, LLC

Docket: 20-3060

Opinion Date: January 15, 2021

Judge: Danny Julian Boggs

Areas of Law: Labor & Employment Law

Thompson, an African-American, has arthritis in her knees, back, and neck. Her doctor gave her lifting restrictions at a previous job. She was approved for Social Security Disability payments in 2014 based on a primary disability of morbid obesity and a secondary disability of arthritis. She is no longer morbidly obese. Fresh hired Thompson, age 52, as a production worker in 2016. Thompson did not mention her arthritis diagnosis and did not have restrictions on her ability to work; she performed her job duties without accommodations. Thompson later decided she would like to work part-time “to get some work done on [her] back.” Her supervisors do not recall any conversations about her pain or desire to work part-time. She did not provide medical documentation. Fresh began experiencing a reduction in sales and changed its shift schedule. Thompson indicated that she was unable to work the new schedule but did not provide an explanation. Thompson later asked about part-time hours. As one of five employees who indicated that she could not work proposed shift changes, Thompson was laid off. Thompson sued, alleging disability discrimination, under the Americans with Disabilities Act, 42 U.S.C. 12101–12117, age discrimination, under the Age Discrimination in Employment Act, 29 U.S.C. 621–634, and race discrimination, under Title VII, 42 U.S.C. 2000e-2–2000e-5. The Sixth Circuit affirmed summary judgment in favor of Fresh. Thompson has not established a prima facie case of discrimination.