July 15, 2009 | The Legal Intelligencer
Impact of Ricci on Private Employers QuestionedMuch has been made of the U.S. Supreme Court's decision last month in Ricci v. DeStefano — the New Haven firefighters case. While the political implications of the decision are still being sorted out, employment lawyers have begun to consider the case's legal impact. Some commentators have decried the end of "disparate impact" as a viable theory of discrimination law. In reality, the practical implications of the decision appear to be far less dramatic.
By Sid Steinberg
6 minute read
September 10, 2008 | The Legal Intelligencer
3rd Circuit: Part-Time Employee Not Eligible for FMLA LeaveThe 3rd U.S. Circuit Court of Appeals held that a part-time employee who did not work 1,250 hours in the year before giving birth was not eligible for leave under the Family and Medical Leave Act. The issue was one of first impression for the court but is consistent with the holding of other circuit courts across the country.
By Sid Steinberg
6 minute read
November 12, 2008 | The Legal Intelligencer
6th Circuit Approves Employer Closely Managing FMLA Intermediate LeaveManaging employees on intermittent leave under the Family and Medical Leave Act, and determining the eligibility and duration of intermittent leave, are certainly among the most vexing issues facing employers under any of the federal employment laws.
By Sid Steinberg
6 minute read
December 12, 2012 | The Legal Intelligencer
Court Finds Enforcement of Union Contract Not DiscriminatoryIt is often recognized that an employee opposing summary judgment must do more than say "not so" and that successfully opposing such a motion requires more than just peripheral disputes as to the core decision.
By Sid Steinberg
6 minute read
October 12, 2011 | The Legal Intelligencer
Court Says Accommodation Efforts Must Be in Good FaithOne of the principal effects of the Americans With Disabilities Amendments Act will be to place greater emphasis on the determination of whether an employee seeking an accommodation is "otherwise qualified" for his or her position.
By Sid Steinberg
6 minute read
November 09, 2011 | The Legal Intelligencer
District Court Addresses 'Adverse Employment Action'In its Sept. 30 opinion in Mitchell v. MG Industries, the U.S. District Court for the Eastern District of Pennsylvania addressed two frequently raised issues.
By Sid Steinberg
5 minute read
June 08, 2011 | The Legal Intelligencer
Finding Lack of Employer Injury, Judge Rejects 'Key Employee' ExemptionThe scenario is familiar to management counsel and their clients: An employee is on the brink of termination when he or she calls in with a doctor's note triggering leave under the Family and Medical Leave Act.
By Sid Steinberg
6 minute read
September 04, 2002 | Law.com
Tennis Player Aced in Employment Bias ClaimEven if you don't know a lob shot from a lob wedge, you have probably heard of Venus and Serena Williams. Mashiska Washington is at the other end of the professional tennis world. When Washington did not receive a wild card entry into the 1998 U.S. Open tournament, he brought suit against the United States Tennis Association, claiming race discrimination against him as a black man in violation of Title VII.
By Sid Steinberg
5 minute read
October 08, 2008 | The Legal Intelligencer
Same-Race Harassment Found Viable Under Section 1983It may be a common belief that members of one race or gender would not discriminate against members of the same group. A decision from the U.S. District Court for the Eastern District of Pennsylvania, however, reinforces that the law is not so clear-cut.
By Sid Steinberg
5 minute read
January 11, 2012 | The Legal Intelligencer
Negative Evaluation Not 'Adverse Action' in Employment ContextThe recent decision in Raffaele v. Potter reinforces that "unfairness" does not necessarily amount to a violation of the anti-discrimination laws.
By Sid Steinberg
5 minute read
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