ELB

Showing 225–240 of 258 results

  • Employers beware – Don’t let emotions get the best of you when making a firing decision

    March / April 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 888

    Abstract: A federal trial court in New York held that an attorney who was denied a partnership in a law firm after she complained about sex discrimination could sue for retaliation. This article explains why the court came to this decision. Collins v. Cohen Pontani Lieberman & Pavane. 2008 U.S. Dist. LEXIS 58047 (S.D.N.Y. July 30, 2008) Aneja v. M.A. Angeliades, 2008 U.S. Dist. LEXIS 30602 (S.D.N.Y. Mar. 31, 2008)

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  • Does merely calling in sick trigger FMLA protection?

    March / April 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 717

    Abstract: The Seventh Circuit held that an employee had failed to sufficiently inform her employer of her serious medical condition so as to trigger her rights under the Family and Medical Leave Act. de la Rama v. Illinois Department of Human Services, 541 F.3d 681 (7th Cir. Ill. 2008)

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  • Criticized professor alleges discrimination and retaliation

    March / April 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 700

    Abstract: This article explains why the First Circuit decided that offering a buyout to resolve an employment dispute doesn’t constitute direct evidence of age discrimination even if the employee is elderly. Furthermore, the employer had a nondiscriminatory justification for its action. Sabinson v. Trustees of Dartmouth College, 542 F.3d 1 (lst Cir. N.H. 2008)

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  • ADA amendments expand coverage – How your business may be affected

    March / April 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 618

    Abstract: Congress enacted far-reaching amendments to the Americans with Disabilities Act that clarify the definition of “disability” in critical ways and reject several narrow Supreme Court decisions and EEOC rules. As a result, millions of workers not previously covered will now qualify for its protection.

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  • For ADA protection, must an employee request accommodation?

    January / February 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 629

    Abstract: The question before the Second Circuit was whether an employer’s failure to accommodate an employee’s disability violated the Americans with Disabilities Act, even though he hadn’t asked for a specific accommodation. The court held that employers have a duty to reasonably accommodate an employee’s disability when the disability is obvious — that is, when employers knew or reasonably should have known that an employee was disabled. Brady v. Wal-Mart Stores, 531 F.3d 127 (2d Cir. 2008)

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  • Husband alleges retaliation after wife settles FMLA suit

    January / February 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 808

    Abstract: The question before the Fifth Circuit was whether the husband of an employee who had settled a lawsuit against their mutual employer could sue for retaliation after he was denied several promotions. The court upheld dismissal of his suit on grounds that protections provided by the Family and Medical Leave Act didn’t apply because he hadn’t alleged that he ever provided any information connected to his wife’s suit or alleged that he was discriminated against as a result of testimony he gave or was about to give. Elsensohn v. St. Tammany Parish Sheriff’s Office, 530 F.3d 368 (5th Cir. 2008)

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  • FBI agent says PTSD interfered with the major life activity of sleeping

    January / February 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 816

    Abstract: In this article, the District of Columbia Circuit held that an employee who suffered from post-traumatic stress disorder (PTSD) had presented sufficient evidence for a jury to conclude that he was disabled and that PTSD substantially interfered with the major life activity of sleeping. Desmond v. Mukasey, 530 F.3d 944 (D.C. Cir. 2008)

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  • Against the clock – Proximity of harassment complaints to firing is key in retaliation case

    January / February 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 732

    Abstract: Could a plaintiff who had complained of sexual harassment two months before being fired succeed in bringing a retaliation claim? This article explains why the Eighth Circuit ruled that two months was too long to support an inference of a causal connection. Van Horn v. Best Buy Stores, 526 F.3d 1144, 1149 (8th Cir. 2008)

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  • New act bars genetic discrimination

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 338

    Abstract: The Genetic Information Nondiscrimination Act became law in May 2008. The act bars insurers and employers from discriminating against people whose genetic tests show a predisposition to cancer or any other disease.

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  • Beware of pretextual firing reasons

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 615

    Abstract: A federal trial court in New York held that a white photographer who was replaced by a black photographer could maintain an action for race discrimination. The court cited evidence from which a reasonable fact finder could conclude that the firing decision was a pretext for unlawful discrimination based on race. Maioriello v. New York State Senate. 2008 U.S. Dist. LEXIS 10439 (N.D.N.Y. 2008)

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  • Offensive language can create a hostile work environment

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 727

    Abstract: Did daily exposure to language and radio programming that could be construed as offensive to women but wasn’t targeted at the plaintiff meet the elements of a hostile-work-environment claim under Title VII? The Eleventh Circuit decided that it did. Reeves v. C.H. Robinson Worldwide, Inc., 525 F.3d 1139 (11th Cir. 2008)

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  • Employee fired for on-the-job sleeping alleges retaliation

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 642

    Abstract: The Eighth Circuit ruled that firing an employee for sleeping on the job wasn’t a pretext for retaliating against him for having previously complained of national-origin discrimination. Soto v. Core-Mark International Inc., 521 F.3d 837 (8th Cir. 2008)

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  • When must employers pay for commuting time?

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 613

    Abstract: That was the question before the Second Circuit when fire-alarm inspectors alleged they were entitled to portal-to-portal pay under the Fair Labor Standards Act because the briefcases of documents they were required to carry to and from work increased their commuting time. This article explains why the court didn’t buy their argument. Singh v. The City of New York, 524 F.3d 361 (2d Cir. 2008)

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  • Diabetes and the ADA

    September / October 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 891

    Abstract: The question before the court was whether an employee’s Type II diabetes interfered with the major life activity of eating, qualifying her as disabled under the Americans with Disabilities Act. This article discusses why the court held that a trial was necessary to establish the facts. A sidebar to this article discusses why the Sixth Circuit held that diabetes wasn’t a disability under the Americans with Disabilities Act in the case of a plaintiff who failed to prove that he was substantially limited in the major life activities of seeing and caring for himself. Robbins v. WXIX Raycom Media, S.D. Ohio, No. 1:06cv278, 3/5/08. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002). McPherson v. Federal Express Corp., No. 03-2006B, 2005 WL 3008648 (W.D. Tenn. Nov. 8, 2005).

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  • Employer needn’t provide Sabbath observer’s preferred accommodation

    September / October 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 609

    Abstract: This article explains why the Fourth Circuit ruled that an employer had reasonably accommodated the religious beliefs of a worker who was unable to work on Saturdays and religious holidays. EEOC v. Firestone Fibers and Textiles Co., 06-2203 (4th Cir. Feb. 11, 2008).

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  • Sexual harassment suit hinges on physician’s employment status

    September / October 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 754

    Abstract: The Second Circuit had to decide whether a specialist was a hospital employee, and thus eligible to sue for harassment under Title VII, or an ineligible independent contractor. This article discusses why the court held she was a hospital employee. Salamon v. Our Lady of Victory Hospital, 2d Cir., No. 06-1707, Jan. 16, 2008. Nationwide Mutual Insurance Co. v. Darden, 796 F.2d 701 (4th Cir. 1991).

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