Archive for May, 2007

The Ins and Outs of the Interview

May 25, 2007 at 12:56 pm by: Vermont Employment Law Letter

by Amy M. McLaughlin
The Second U.S. Circuit Court of Appeals recently determined that a job applicant presented enough disputed information for his age discrimination case to be submitted to a jury, rather than dismissed. The applicant claimed that the individuals who interviewed him had an age bias against him and preferred [...]

Can Employers Apply USERRA Differently for Workers Who Volunteer for Service?

May 25, 2007 at 12:50 pm by: South Carolina Employment Law Letter

Q: Our Uniformed Services Employment and Reemployment Rights Act (USERRA) policy is administered differently for employees ordered into military service or leave and those who volunteer for military leave. The policy states that for ordered military leave shorter than 31 days, the company will pay the employee’s normal rate of [...]

Imus in the Mourning

May 18, 2007 at 1:14 pm by: California Employment Law Letter

by Mark I. Schickman
I’ve received lots of e-mails recently about the major conflict still waging over the recent firing of eight U.S. attorneys. You wrote that the U.S. government, as an employer, should be able to fire any employee, so what was wrong if the Attorney General or the President [...]

Employer Has Close Call in Discimination Case

May 18, 2007 at 1:06 pm by: Kansas Employment Law Letter

by Tara Eberline
The full Tenth U.S. Circuit Court of Appeals has overturned an earlier ruling by a three-member panel of the same court by ruling that an employee didn’t have enough evidence of national origin discrimination to submit his claims to a jury. The case, which has received national attention, arose [...]

Family Responsibility Discrimination

May 11, 2007 at 1:24 pm by: North Dakota Employment Law Letter

Consider the following two scenarios:

A male employee requests extended leave to provide at-home care to a sick child. Instead of evaluating the request based on his eligibility for leave, the employer questions why the child’s mother can’t care for her.
A qualified female employee with two preschool children is considered a “poor [...]