The Matrimonial 'Dating Game'
August 27, 2003
A review of equitable distribution decisions in any given year can leave one reeling, if not from the novelty of the holdings, then certainly from the frequency with which certain fundamental issues are re-litigated with the predictability of the perennials of springtime.
Responsible Mediation and Domestic Violence
August 27, 2003
March 31 of this year marked the start of a potentially interesting dialogue. Family and divorce mediators had a joint, all-day conference at the Association of the Bar of the City of New York with an impressive array of professionals who have regularly worked and advocated for domestic-violence victims for decades. Since the inception of family and divorce mediation, mediators have struggled with the issue of whether cases involving domestic violence ' any kind of domestic violence ' should preclude mediation from occurring.
Thinking About Settlements
August 27, 2003
Discounting retirement plans for taxes is a tricky business and can sometimes lead to problematic or inequitable settlements. Although methodologies exist for valuing such plans, these methodologies do not involve tax impacting ' and for good reason.
EEOC Recovers $20,000 for Sabbath Observer
August 27, 2003
The Equal Employment Opportunity Commission settled for $20,000 and affirmative relief a religious discrimination claim by a job applicant who alleged that she was denied a position because she was a Sabbath observer.
Constructive Discharge: Third, Second Circuit Split
August 27, 2003
The Third Circuit ruled, contrary to the position taken by the Second Circuit, that a constructive discharge is a 'tangible employment action' precluding the assertion of an affirmative defense to liability under established federal law.
A Word to the Wise
August 27, 2003
The workplace. Where is it and what are its boundaries? Of course, it is a location, the place where an employee reports to work and performs services. It also clearly includes a place away from the work site where the employee is assigned to or where the employee performs services. Further, for the telecommuter, a home, or at least certain places in the home, may be considered a work site for purposes of employer liability.
Responding to SARS
August 27, 2003
But for the war in Iraq, the outbreak of SARS would undoubtedly have been the lead news story for the first half of 2003. Thousands of people have been infected to date, and there have been a number of fatalities from this new illness. It is apparently highly contagious (under at least some circumstances) and potentially deadly.
FMLA Ruled Applicable to State Workers
August 27, 2003
In a somewhat surprising 6-3 decision written by Chief Justice Rehnquist, the United States Supreme Court ruled that Congress had abrogated the states' Eleventh Amendment immunity when it enacted the Family Medical Leave Act and that therefore, state workers are entitled to the protection of that statute. In so ruling, the Court characterized Congress' goals in enacting the FMLA as protecting against gender-based discrimination in the workplace and eliminating stereotypes related to child-rearing and family care issues. As such, the Court concluded that challenges to the constitutionality of the FMLA warranted heightened scrutiny.
