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April 23, 2010 | The Legal Intelligencer

N.J. Justices: E-mails to Attorney From Work Computer Privileged

Does an employee have a right to privacy when communicating with her attorney while using her employer's computer? That was the question the New Jersey Supreme Court recently grappled with in Stengart v. Loving Care Agency Inc.
6 minute read
March 26, 2010 | The Legal Intelligencer

Panel Revives Clerk's Suit Alleging Discrimination Over 'Tomboyish' Look

Brenna Lewis is an Iowa woman who describes her appearance as "slightly more masculine." Lewis prefers to wear loose-fitting clothing, including men's button-down shirts and slacks. She avoids makeup and wears her hair short. At times, Lewis has been mistaken for a male and referred to as "tomboyish." One of her supervisors allegedly characterized Lewis' look as "an Ellen DeGeneres kind of look."
6 minute read
February 26, 2010 | The Legal Intelligencer

Class Action Settlement May Finally Be Paid to Black Farmers

For almost two decades, African-American farmers have contended that the U.S. government was violating their civil rights by discriminating against them on the basis of race.
4 minute read
June 03, 2011 | The Legal Intelligencer

Delaware Proposes Legislation to Eliminate Employment at Will

The Delaware legislature has introduced a bill to require "just cause" for terminating an employee, which represents a significant departure from employment law practice in every other state but Montana.
5 minute read
December 20, 2011 | The Legal Intelligencer

Office Politics, Not Political Discrimination

Employment law attorneys often get calls about workplace favoritism and nepotism. As unfair as the circumstances can sometimes be, there is usually nothing unlawful about the employer's actions.
4 minute read
June 25, 2010 | The Legal Intelligencer

Attorney Fees Under EAJA Subject to Govt. Offset, Justices Rule

The Equal Access to Justice Act, or EAJA, provides that "a court shall award to a prevailing party … fees and other expenses … in any civil action … brought by or against the United States … unless the court finds that the position of the United States was substantially justified." (See 28 U.S.C. § 2412(d).)
7 minute read
May 28, 2010 | The Legal Intelligencer

Disparate Impact Discrimination Case Not Time-Barred, Justices Rule

On 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.
6 minute read
July 23, 2010 | The Legal Intelligencer

3rd Circuit: 'One-Sided' Agreement Waives Employer's Arbitration Right

On June 15, the 3rd U.S. Circuit Court of Appeals sent a strong message to employers utilizing arbitration agreements.
8 minute read
October 22, 2010 | The Legal Intelligencer

3rd Circuit Limits Reach of Ledbetter Fair Pay Act

The 3rd U.S. Circuit Court of Appeals has taken its first step toward limiting the reach of the Lilly Ledbetter Fair Pay Act of 2009 (FPA). Earlier this month, the 3rd Circuit rendered a decision in Noel v. The Boeing Co. in which it disagreed with the plaintiff-employee's position that a "failure to promote" claim can arise under the FPA.
7 minute read
September 23, 2011 | The Legal Intelligencer

ABA Opinions Clarify Ethical Obligations in E-Mail Interception

One of the "trending" topics in employment law circles and blogs revolves around employees communicating by e-mail with their lawyers while on the clock and the extent to which such communications may be privileged.
5 minute read