To (b)(2) or Not to (b)(2)?
July 30, 2004
Is there a person alive who does not know that Wal-Mart Stores Inc. has been sued in a gigantic class action? On June 21, U.S. District Judge Martin J. Jenkins of the Northern District of California certified the largest employment discrimination class action in American history. <i>See Dukes v. Wal-mart Inc.</i>, No. C 01-02252 (N.D. Calif. 2004), 2004 U.S. Lexis 11365.
ADA Retaliation Claims
July 30, 2004
The United States Supreme Court has declined to review a Seventh Circuit Court of Appeals ruling that bars plaintiffs alleging retaliation claims under the Americans with Disabilities Act (ADA) from seeking compensatory and punitive damages. <i>Kramer v. Banc of Am. Securities LLC</i>, U.S., No. 03-1451, cert. denied 6/21/04. Earlier this year, the Seventh Circuit was the first federal appellate court to conclude that the ADA does not provide plaintiffs the right to seek such damages in retaliation cases. <i>Kramer v. Banc of Am. Securities LLC</i>, 355 F.3d 961 (N.D. Ill. 2004).
Defining 'Spousal' Benefits
July 27, 2004
Recent moves by various cities, states, and municipalities to legalize or ban same-sex marriage have generated a flood of press, but little concrete advice as to the potential implications of these laws and related court rulings. The dearth of specific and actionable analysis of the implications of these shifts in the law places law firms, as well as most large enterprises, at a competitive disadvantage by forcing them to react as these laws change. This issue is an especially pressing one for large law firms with offices in many states because the definition of "spouse," and thus the availability of "spousal" benefits, may differ in diverse localities.
Goodridge Decision Spawns Action
July 21, 2004
Although the average American might feel that same-sex marriages in Massachusetts materialized overnight, activists who have worked on the issue say that the <i>Goodridge</i> decision by the Massachusetts Supreme Judicial Court (SJC) in November 2003 was not a complete surprise. <i>Goodridge was</i> the result of a well-planned, long-term strategy by same-sex marriage proponents to bring the issue into the legal, cultural, and political mainstream.
Disability Dilemmas for Supervisors
June 29, 2004
As we all know, the ADA prohibits discrimination on account of past, present and perceived physical and emotional disabilities. Generally, the key to avoiding liability is focusing on abilities and not disabilities. That's an easy mantra to articulate, but it can be deceptively complicated for a supervisor to implement.
Coordinating Complex Employment Litigation
June 29, 2004
In the past several years, employment class and collective action lawsuits have caught the attention of employees across the country. Many of these cases have resulted in multi-million dollar settlements or verdicts. Equally troubling, once an industry or corporation is viewed as potentially vulnerable on an issue, copycat cases may be brought in multiple jurisdictions against the same defendant or against others in the same industry.
NLRB Again Limits <i>'Weingarten' </i>Rights
June 29, 2004
Continuing a seesaw battle that has been ongoing since the early 1980s, the NLRB recently held in a 3-2 decision that non-union employees do not have a right under the National Labor Relations Act to be accompanied by a fellow employee during a meeting that might lead to discipline.
