Sid Steinberg

January 24, 2003 | Law.com

The EEOC has focused a great deal of its energy over the past 15 months on preventing national origin discrimination and implementing appropriate remedial measures for those who discriminate on this basis. Recent EEOC litigation and guidelines issued by the commission reinforce Title VII's prohibitions on discrimination against any national origin group.

By Sid Steinberg

5 minute read

October 23, 2002 | Law.com

When Southern California Permanente Medical Group withdrew its job offer to Jerry Friedman after he refused a mumps vaccination because he believed it was against his veganism, Friedman sued for religious discrimination. However, a California Court of Appeals denied his claim, finding that veganism was not a covered "religious creed" under the state's Fair Employment and Housing Act.

By Sid Steinberg

7 minute read

February 14, 2007 | The Legal Intelligencer

I wrote last year about the case of Dillion v. Maryland Nat'l Capital Park and Planning Commission, where an employer was deeply skeptical of an employee's request for Family Medical Leave Act (FMLA) leave for a trip to Jamaica.

By Sid Steinberg

5 minute read

August 13, 2003 | Law.com

When last Mario Echazabal entered our collective consciousness, the U.S. Supreme Court had reversed his claim of disability discrimination on the grounds that the ADA's "direct threat" defense included a "direct threat of harm to oneself" in addition to possible harm to others. On remand, the 9th Circuit effectively said: "not so fast." In its divided July 23 decision, the court found that summary judgment in favor of Chevron should be reversed.

By Sid Steinberg

5 minute read

March 08, 2006 | The Legal Intelligencer

Medical examinations under the Americans with Disabilities Act are not often the subject of litigation. Yet, for employers, the decision as to when, and under what circumstances, an employee can be examined will be an issue often faced.

By Sid Steinberg

6 minute read

December 08, 2004 | The Legal Intelligencer

Prior to the Pennsylvania Supreme Court's decision in McLaughlin v. Gastrointestinal Specialists Inc., Pennsylvania state courts and courts applying Pennsylvania law had consistently found that the Federal OSHA law, with its anti-retaliation provisions, could form the basis for a wrongful discharge claim in violation of Pennsylvania public policy.

By Sid Steinberg

5 minute read

March 05, 2003 | Law.com

Upon dismissal of a discrimination charge by the EEOC, the commission notifies the aggrieved person and within 90 days of the notice a civil action may be brought. But could a telephone call substitute for the familiar right-to-sue form? The 3rd Circuit recently addressed this issue, finding that a phone call giving "actual notice" of a right to sue may be sufficient, if it's as complete as written notice.

By Sid Steinberg

6 minute read

January 10, 2007 | The Legal Intelligencer

In a decision that could have a far-reaching impact on the way in which employment discrimination cases are litigated in the 3rd U.S. Circuit Court of Appeals, the court recently held that back pay is an equitable remedy under Title VII to be decided by the judge, rather than the jury.

By Sid Steinberg

6 minute read

September 24, 2003 | Law.com

Ever since the U.S. Supreme Court decisions in Faragher and Ellerth, the question of whether an employee has suffered a "tangible employment action" has been the main battleground in determining whether an employer can assert an affirmative defense to sexual harassment claims. But a 9th Circuit decision recognizes the new tangible action of "successful coercion of sex," which, if proven, can prevent an employer from asserting the Faragher/Ellerth affirmative defense.

By Sid Steinberg

6 minute read

November 08, 2002 | Law.com

A federal judge in Florida recently dismissed a suit brought by Access Now, a disability advocacy group, claiming Southwest Airlines' Web site violates the Americans with Disabilities Act because it is inaccessible to blind persons who use the Internet. However, the decision will hardly end the debate over the ADA's application to private Web sites -- the group continues to target Web site operators in an effort to make sites more accessible to the disabled.

By Sid Steinberg

6 minute read