Unequal Severance Benefits
January 30, 2013
In an interesting published decision, the Fourth Circuit has held that an offer of less favorable severance benefits to a female may constitute sex discrimination in violation of Title VII.
Reassignment to a Vacant Position Under the ADA
January 30, 2013
In a recent decision, the Seventh Circuit held that the ADA obligates employers to reassign employees with disabilities to vacant positions for which they are qualified, provided that such accommodation is reasonable on its face and would not present an undue hardship to the employer.
On the Move
January 29, 2013
Who's doing what; who's going where.
Legal Issues Involving Obesity and the ADA
December 27, 2012
Three federal cases indicating growing acceptance of obesity as a condition covered by the ADA, combined with obesity rates among the nation's workforce at an all-time high, portend additional claims from plaintiffs demanding accommodations for their conditions ' and more suits against employers that fail to provide them.
Leave As a Reasonable Accommodation
December 27, 2012
The time has come for the minority of circuits to join the majority, and explicitly hold that non-indefinite unpaid leave is a reasonable accommodation under the ADAAA. As discussed in more detail below, cases prosecuted by women with difficult pregnancies would be particularly compelling impact cases to push the remaining circuits to explicitly accept non-indefinite leave as a reasonable accommodation.
CA Workplace Religious Freedom Act
December 27, 2012
Employers often are faced with tricky legal dilemmas when employees ask to display religious symbols and take time off for religious observance. The most common religious request by retail employees is time off for a religious holiday, followed by requests to be excused from a dress code. Recent developments in both legislation and case law suggest that employers should only deny a religious accommodation when it would cause a quantifiable undue burden.
Contracting Away a Controversy: Nike v. Already LLC
November 29, 2012
In a case that could have important ramifications for trademark owners, as well as owners of other intellectual property and infringing defendants, the U.S. Supreme Court on Nov. 7, 2012, heard oral argument in <i>Already LLC v. Nike, Inc.</i> The case revolves around under what circumstances a covenant not to sue can defeat jurisdiction.
Defining Income for Child Support Purposes
November 28, 2012
The use of guideline child support throughout the nation has made vital the threshold definition of income for support purposes. The odds are increasing that other states will have dealt with the issue.
