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 »
Articles In This Issue: 1. Defining Disabilities: What DoesThe Future Hold For Employers? 2. Proposed SEC Rules Undermine Dodd-Frank’s Whistleblower Incentives 3. Why An Understanding Of Copyright Law Is Vital For Architects Related Information: Firm Newsletter, Spring 2011
The United States Supreme Court recently held that Title VII creates a cause of action for a third party retaliation claim when the plaintiff himself did not engage in protected activity. In Thompson v. North American Stainless, the plaintiff and his fiancée worked at the same employer. The plaintiff was terminated after his fiancée filed a… Read more »
The increased use of text messaging and email by employees has risen dramatically, with no end in sight. In the workplace, text messages and emails may be sent by employees using employer-issued computers, BlackBerry devices and cell phones. But what happens when an employee uses these employer-issued devices for personal messages? Does an employer have… Read more »
Employee Assistance Programs (“EAPs”) are common among employers. These programs are designed to assist employees with personal issues arising within or outside the office, that may affect their work performance and productivity. The use of EAP, however, can impact litigation. Recently, the United States District Court for the Eastern District of Pennsylvania highlighted the significance… Read more »
On Friday, October 1, 2010, in Noel v. The Boeing Co., No. 08-3877, 2010 WL 381, 2010 U.S. App. LEXIS 20217 (3d Cir. Oct. 1, 2010), a case of first impression before the United States Court of Appeals for the Third Circuit, the appeals court held that the Lilly Ledbetter Fair Pay Act (“Fair Pay… Read more »
Articles In This Issue: 1. Walking A Fine Line: An Employer’s Right To Review Its Employee’s Electronic Messages 2. Workers’ Compensation Fraud: Tilting At Fraud Mills No Longer Quixotic 3. Building On Fraud: Qui Tam Issues In The Construction Industry 4. Federal Preemption Of Failure-To-Warn Claims After Wyeth v. Levine 5. Corporate Demise And The Search For… Read more »
Articles In This Issue: 1. Increased Spending on Fraud Enforcement Will Result in the Execution of More Search Warrants – Is Your Company Ready? 2. Employee’s Uphill Battle In Establishing A Class Action Under The ADA 3. A Sea Change In Government Contracts 4. The Use Of Arbitration Techniques To Resolve Modern Commercial Disputes 5…. Read more »