Detrimental Impact of Proposed Discovery Limits on Employees
The Legal Intelligencer
Friday, May 24, 2013
Fewer depositions, reduced number of interrogatories, less requests for admissions and a proportionality requirement in discovery. This could be the new face of discovery under proposed rule changes to the Federal Rules of Civil Procedure.
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'Inexcusable and Offensive' Behavior Not Harassing as a Matter of Law
The Legal Intelligencer
Wednesday, May 8, 2013
Three female sales representatives working for the same manager at Eli Lilly & Co. brought suit against the company for sexual harassment and other types of discrimination.
Deafness as a Disability: A Discussion of the ADAAA Principles
The Legal Intelligencer
Friday, April 26, 2013
In 2008, Congress undertook a task that was over 20 years in the making. The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was supposed to signal a new way for federal courts, judges, lawyers and litigants to evaluate disability claims.
Partial Deafness Found to Not Be a Disability Under the ADAAA
The Legal Intelligencer
Wednesday, April 10, 2013
There is a perception that since the passage of the Americans with Disabilities Act Amendments Act in 2008 and the issuance of the U.S. Equal Employment Opportunity Commission's guidelines in 2011, virtually any physical or mental condition will rise to the level of an actionable disability.
Dispute Over Resignation Leads to Reversal of Summary Judgment for Employer
The Legal Intelligencer
Wednesday, March 13, 2013
Employers often believe that having a troubled or troubling employee resign from employment is a panacea to avoid litigation. As such, employers often propose that, instead of terminating an employee or providing him or her corrective action, they will simply ask the employee to resign. This only works, however, if there is absolute certainty that the employee will "take the bait" and actually resign. If the employee balks, the employer has created an additional layer of problems for itself.
Court Cautions Not 'Cheapening' Fee Petition for Prevailing Plaintiffs
The Legal Intelligencer
Friday, February 22, 2013
I recently had the pleasure of reading an opinion from the Eastern District of Pennsylvania refusing to "cheapen" an attorney's fee petition, citing the successful plaintiff's award as an "essential part of enforcement of our civil rights laws."
Employer Investigations Need Not Be Worthy of 'Sherlock Holmes'
The Legal Intelligencer
Friday, February 15, 2013
Cases decided by the U.S. District Court for the Northern District of Alabama are rarely the subject of this column. But the recent case of Jernigan v. Dollar General, vividly illustrates a core concept of discrimination law that has often been applied by courts in the Third Circuit.
Title VII: Protecting Veganism and Other Sincerely Held Ethical and Moral Beliefs
The Legal Intelligencer
Wednesday, February 6, 2013
Chenzira v. Cincinnati Children's Hosp. Med. Ctr. should serve as a reminder that Title VII's prohibition of religious discrimination is construed broadly.
Can an Employer's Mandatory Flu Vaccine Policy Violate an Employee's Rights?
The Legal Intelligencer
Friday, January 25, 2013
From all accounts, this has been a particularly troublesome flu season. The debate lingers on whether to have the flu shot; not have the flu shot, and so it goes. For those of us who do not work in the health care profession, the decision on whether or not to get vaccinated for the flu rarely impacts our job security.
Terminations for Harassing Facebook Postings Violate NLRA
The Legal Intelligencer
Wednesday, January 9, 2013
Although this column usually focuses on recent employment discrimination cases, employers and their counsel should be equally aware of recent decisions of the National Labor Relations Board that could impact workplace decisions.
