November 08, 2011 | New Jersey Law Journal
Deputy's Right to Privacy Outweighs Government InterestCounty sheriff?s department may have violated employee?s Fourteenth Amendment right to privacy.
By Jeffrey Campolongo
7 minute read
August 26, 2011 | The Legal Intelligencer
Internal Review Does Not Relieve Employer of 'Cat's Paw' LiabilityApplying the recent U.S. Supreme Court precedent from Staub v. Proctor Hospital, a unanimous 3rd U.S. Circuit Court of Appeals decision determined that an internal and supposedly independent disciplinary review of an employee does not necessarily protect the employer from liability for a supervisor's unlawful discrimination. This is commonly known as the "cat's paw" theory of liability.
By Jeffrey Campolongo
5 minute read
October 26, 2012 | The Legal Intelligencer
Circuits Split on Considering Prior Settlement Offers in Attorney FeesIn 2009, this column reported on the U.S. Court of Appeals for the Third Circuit's use of a rejected settlement offer as a means of reducing an attorney's fee award to the prevailing party.
By Jeffrey Campolongo
5 minute read
January 23, 2009 | The Legal Intelligencer
Ushering in a New Era Under the ADA Amendments ActAs most employment lawyers know, the passage of the Americans with Disabilities Act, or ADA, in 1990 dramatically changed the way employers did business, and guaranteed opportunities to hundreds of thousands of disabled employees.
By Jeffrey Campolongo
7 minute read
June 26, 2009 | The Legal Intelligencer
Gross Decision May Result in More Older Workers Being FiredLast week, the U.S. Supreme Court made it a whole lot harder for victims of age discrimination to get relief under the Age Discrimination in Employment Act of 1967, or ADEA.
By Jeffrey Campolongo
8 minute read
September 25, 2009 | The Legal Intelligencer
3rd Circuit Dishes Out Pay Cut to Successful AttorneyThe economy is in such a downturn that even the courts are dishing out pay cuts for attorneys. Attorneys who make some or all of their living off of the hope that a contingency fee agreement amounts to some pecuniary award have been handed the additional fear and financial uncertainty that a decision to reject a settlement offer could result in the court throwing it back in the attorney's face in the form of a fee reduction. Apparently, prevailing at trial no longer means you will get paid a reasonable sum for winning.
By Jeffrey Campolongo
8 minute read
January 25, 2013 | The Legal Intelligencer
Can an Employer's Mandatory Flu Vaccine Policy Violate an Employee's Rights?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.
By Jeffrey Campolongo
7 minute read
February 25, 2011 | The Legal Intelligencer
Are Employers Discriminating Against Unemployed Job Applicants?Are employers unlawfully discriminating against job applicants who are unemployed? The Equal Employment Opportunity Commission, or EEOC, is making an inquiry into this issue, in particular into whether those in protected classes are being subject to disparate treatment by employers not considering job applicants who are not currently working.
By Jeffrey Campolongo And Jennie Maura McLaughlin
6 minute read
May 28, 2010 | The Legal Intelligencer
Disparate Impact Discrimination Case Not Time-Barred, Justices RuleOn May 24, the Supreme Court unanimously held that a claimant may bring an employment discrimination claim against the application of an employment practice even if the institution of that practice is beyond the statute of limitations.
By Jeffrey Campolongo And Jennie Maura McLaughlin
6 minute read
September 24, 2010 | The Legal Intelligencer
11th Circuit Tosses Race Bias Case Over Use of Word 'Boy' -- AgainIn its 2006 opinion in Ash v. Tyson Foods Inc., the U.S. Supreme Court found two errors of law in the 11th Circuit's opinion that was then under review. In doing so, the Supreme Court made some significant statements about the standard for finding pretext in employment discrimination claims, and whether calling an African-American man "boy" can be racially offensive.
By Jeffrey Campolongo and Jennie Maura McLaughlin
7 minute read