District Court Refuses to Disrupt Employer's Hiring Decision
August 02, 2015
Discrimination claims based upon an employer's failure to promote or hire remain among the more difficult claims for employees. Employees seeking to demonstrate discriminatory animus must demonstrate both comparable qualifications to the selected candidate and pretext in the decision-making process.
How to Determine a Diligent Job Search
August 02, 2015
If a plaintiff in a discrimination case or a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award. Frequently, this requires consultation with, or testimony by, a vocational or employability expert.
Celebrating 25 Years of the ADA
August 02, 2015
With July 26, 2015, marking the 25th anniversary of the ADA, disabled Americans have reason to celebrate as recent court decisions have strengthened and broadened their protections under the ADAAA.
The Dismantled Weapon of 'A Good Deed Never Goes Unpunished'
July 02, 2015
The employment lawyer's adage that "no good deed goes unpunished" was thrown into sharp relief by the Sixth Circuit recently when it held that telecommuting ' even when offered to other employees ' is not necessarily a reasonable accommodation for a disabled employee. ).
Case Notes
July 02, 2015
A look at a case involving alleged pregnancy discrimination.
Brokerage Windows in Retirement Plans
July 02, 2015
In 2014, the DOL published a request for information (RFI) regarding the use of so-called "brokerage windows" under retirement plans, such as many "Section 401(k)" plans, that allow participants (and beneficiaries) to direct the investment of their retirement accounts. The RFI is one of the more recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.
Serving Divorce Papers Via Facebook
July 02, 2015
Practitioners of matrimonial and family law have seen firsthand, especially within the last eight years, the impact of different forms of social medi aon divorce and our practices. Facebook posts can greatly impact custody, support and divorce matters, especially in litigation.
Transgender Employees' Access to Restrooms in the Workplace
July 02, 2015
Employers with transgender employees should be aware of recent developments in the interpretation of laws for transgender employees, especially in relation to an employee's access to restroom facilities while at work. This article provides a brief explanation of the law and the steps an employer can take to ensure that all employees remain comfortable in using restroom facilities.
