According to the U.S. Census Bureau, between 1980 and 2007, the number of Americans who speak languages other than English at home grew by 140 percent. Correspondingly, there has also been an increase in non-English speaking workers in the U.S. labor force. Linguistic diversity can present both opportunities and challenges for employers. Over 30 states… Read more »
The United States Equal Employment Opportunity Commission recently announced that retaliation charges accounted for the highest overall percentage of private sector complaints in fiscal year 2011. Employers, therefore, must be on the lookout for those “magic words” spoken by an employee that may qualify as a protected activity triggering a subsequent claim of retaliation. An… Read more »
In a major decision regarding how the Americans with Disabilities Act (“ADA”) applies to religious employers, the United States Supreme Court has unanimously recognized a “ministerial exception,” grounded in the First Amendment. The Court’s decision bars employment discrimination claims brought pursuant to the ADA by ministers against the religious institutions that employ them. The exception,… Read more »
Employees often request to take leave for reasons that, at first blush, may appear to qualify under the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654 (“FMLA”). Closer scrutiny, however, often reveals that the reason for the requested does not qualify for leave under the FMLA. One such example pertains to employees… Read more »
Complaints filed with the Equal Employment Opportunity Commission (“EEOC”) by current and former employees are at a record high – 99,947 in fiscal year 2011. Electronic information is now the number one piece of evidence in employment discrimination cases. With so many discrimination cases being filed, an employer may wonder when its obligation to preserve… Read more »
Articles In This Issue: 1. America Invents Act Provides Sweeping Patent Reform 2. Class Actions Limited: Wal-Mart Stores, Inc. v. Betty Dukes, Et Al., The Supreme Court Steps In to Rein In Class Action Litigation 3. The Foreign Corrupt Practices Act: Can Your Company Survive The Wave? Related Information: Firm Newsletter, Winter 2011
On June 20, 2011, the United States Supreme Court refused to certify a class action lawsuit against Wal-Mart, which would have comprised approximately 1.5 million members. The three named Plaintiffs seeking to represent the class claimed they had been discriminatorily denied promotions and pay in violation of Title VII because the local supervisors exercised unfettered… Read more »
On March 25, 2011, the Equal Employment Opportunity Commission (“EEOC”) issued final regulations implementing the broad and sweeping changes to the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”).[1] These final regulations take effect May 24, 2011 and cover employers with 15 or more employees. Congress has stated that the purpose of the ADAAA is… Read more »
For 20 years, the Americans with Disabilities Act (“ADA”) provided solace and relief to employees who believed their employers discriminated against them because of a real or perceived disability. Through voluminous decisions, courts have defined the contours and limits of individuals defined as disabled under the ADA. Believing the Supreme Court and lower courts overly… Read more »
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any federally funded education program or activity. Sexual harassment of students, which includes acts of sexual violence, is discrimination prohibited by Title IX. On April 4, 2011, the Department of Education (“DOEd”) issued guidelines for colleges and schools to… Read more »