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Avoiding State Law Pitfalls Image

Avoiding State Law Pitfalls

William J. Wortel

Navigating the treacherous waters of federal employment law is not easy. Well-intentioned employers can unknowingly violate some of the more complicated (albeit well-known) laws like the Family & Medical Leave Act and the Americans With Disabilities Act due to a lack of familiarity with the applicable regulations or the case law interpreting them. When an employer has operations in multiple jurisdictions, the analysis becomes even more complex due to circuit splits on pivotal issues.

Reasonable Accommodation of Religion Under Title VII Image

Reasonable Accommodation of Religion Under Title VII

Shirley O. Lerner

Employers are increasingly faced with the challenge of responding to employee requests to be relieved of work requirements related to religious beliefs and observance. This article provides general background regarding the definition of 'religion' and 'religious belief' in the context of providing a religious accommodation, and an overview of the growing body of case law that deals with the employee's right to seek and the employer's obligation to provide a 'reasonable accommodation.'

Features

<B>BREAKING NEWS</b> 11th Circuit OKs Suit Based on Sexual Language in Office Image

<B>BREAKING NEWS</b> 11th Circuit OKs Suit Based on Sexual Language in Office

Alyson M. Palmer

In a rare win for a plaintiff alleging employment discrimination, the 11th U.S. Circuit Court of Appeals has held that a woman can bring a harassment claim for language not referring specifically to her.

Even Non-Union Employees Have Rights Under the NLRA Image

Even Non-Union Employees Have Rights Under the NLRA

Andrew M. Slobodien

Even in today's increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.

Features

The Employment Discrimination Class Action Is Alive and Well Image

The Employment Discrimination Class Action Is Alive and Well

Mark N. Reinharz & Jennifer Papas

Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought.

A New Avenue for Retaliatory Discharge Claims Image

A New Avenue for Retaliatory Discharge Claims

Martha L. Boyd & Matthew C. Lonergan

As courts across the country continue to visit the issue of employment-at-will, the results show states continuing to chip away at the once mighty doctrine. Here's a look at one such case in Tennessee.

Background Checks: Handle with Care! Image

Background Checks: Handle with Care!

Kevin C. McCormick

Many employers routinely conduct background checks on applicants and employees to verify their prior employment history. Oftentimes, an outside service is used to obtain the critical information and then provide a brief analysis as to its significance. However, as demonstrated in a decision from the Maryland Court of Special Appeals, both the employer and outside contractor can be sued for defamation ...

Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm? Image

Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?

Bruce Jackson & Debra G. Buster

You might not have followed, or might not even be aware of, a suit by former Sullivan &amp; Cromwell associate Aaron Charney against his firm, and the firm's subsequent suit against Charney. Gossip aside, the case, which settled on Oct. 25, 2007, should be noted by law firms, if for no other reason, than to learn how not to handle discrimination and retaliation complaints.

The Duty to Accommodate Employees 'Regarded As' Being Disabled Image

The Duty to Accommodate Employees 'Regarded As' Being Disabled

Gregory Fidlon

What obligations does an employer have under the Americans With Disabilities Act (ADA) to accommodate the impairments of employees who are 'regarded as,' but not 'actually,' disabled? This tricky question has created a split in the U.S. Circuit Courts of Appeal, leaving employers with little uniformity or clarity on the issue.

The NLRB in 2007 Image

The NLRB in 2007

Paul Snitzer & Christopher Durham

In 2007, the National Labor Relations Board ('NLRB'), a majority of which was composed of appointees of President Bush, issued a series of important and, in some cases, unanticipated decisions. To the labor community, the decisions represented a significant roll-back of well-established employee rights, while to the management community, they represented hard-won but less-than-revolutionary changes in some settled rules.

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