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December 03, 2010 |

EEOC Issues Regulations on Genetic Information

On Nov. 9, the Equal Employment Opportunity Commission published its final regulations implementing the Genetic Information Nondiscrimination Act of 2008.
5 minute read
December 20, 2011 |

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
May 24, 2013 |

Detrimental Impact of Proposed Discovery Limits on Employees

Fewer depositions, reduced number of interrogatories, less requests for admissions and a proportionality requirement in discovery. This could be the new face of discovery under proposed rule changes to the Federal Rules of Civil Procedure.
7 minute read
January 29, 2010 |

Sex-Based Profanity, Even if Directed at Others, Can Create Hostile Workplace

For years, courts have grappled with what type of conduct constitutes a hostile work environment.
5 minute read
March 27, 2009 |

3rd Circuit Punts on Issue of Testimony From Interested Witnesses

In a quiet, non-precedential opinion handed down Feb. 24, the 3rd U.S. Circuit Court of Appeals declined an opportunity to clarify what weight, if any, testimony from interested witnesses should receive in a motion for summary judgment. In doing so, however, the court sent a resounding message about what evidence is necessary to overcome a motion for summary judgment.
7 minute read
September 24, 2010 |

11th Circuit Tosses Race Bias Case Over Use of Word 'Boy' -- Again

In 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.
7 minute read
April 24, 2009 |

Justices Allow Mandatory Arbitration of ADEA Claims

In what experts predict will be another obstacle, for now, for employee rights, the U.S. Supreme Court in a 5-4 decision in 14 Penn Plaza LLC v. Pyett held that, where a collective bargaining agreement clearly and unmistakably assigns statutory discrimination claims to arbitration, the employee in the bargaining unit forgoes the right to proceed with a claim in court.
6 minute read
September 28, 2012 |

Employment Law in the Upcoming Supreme Court Term

On Monday, the U.S. Supreme Court begins its new term, and is currently scheduled to hear arguments on three notable employment law cases over the coming months.
6 minute read
February 27, 2009 |

Ledbetter Fair Pay Act Restores Protection From Pay Discrimination

The extent of the allegedly discriminatory pay was not even known to Ledbetter until during the course of discovery when she learned that male co-workers with less experience and seniority than her were making much more than she was, and that she was being paid approximately 20 percent less than the lowest paid male employee.
9 minute read
September 01, 2010 |

7th Circuit: Racial Preferences Can't Determine Work Assignments

Brenda Chaney, a certified nursing assistant, claims in a lawsuit that she was restricted from helping a patient in need because her employer enforced a racial preference policy that prevented Chaney from helping the patient because of the color of her skin.
7 minute read