Archive for the 'U.S. Supreme Court' Category
A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next.
Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over 222 [...]
Posted in Arizona, California, Colorado, E-Verify, Georgia, Hawaii, Hiring, Illinois, Immigration, Iowa, Maine, Maryland, Minnesota, Mississippi, Montana, Nevada, New Jersey, Ohio, Oklahoma, South Carolina, State Laws, Tennessee, Texas, U.S. Supreme Court, Unemployment, Utah, Virginia, Washington, West Virginia, Workers Compensation by: Employers State Law Alert
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Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Disability Discrimination, EEOC, U.S. Supreme Court by: Julie Athey
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by Isabella Lee
The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case before [...]
Posted in ADEA, Age Discrimination, Georgia, Termination, U.S. Supreme Court by: Georgia Employment Law Letter
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by Stephen Stine
We aren’t getting any younger, and neither are your employees. As a result, employers are increasingly having to confront age-related issues that may lead to legal liability. These issues arise not only in the context of hiring and firing decisions but also in the design of benefit plans. To ensure your benefit plans [...]
Posted in ADEA, Age Discrimination, Benefits, EEOC, Health Insurance, Retirement, Retirement Plans, U.S. Supreme Court, Virginia by: Virginia Employment Law Letter
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According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year.
And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on the [...]
Posted in EEOC, Handbooks, Harassment, Missouri, Retaliation, Sexual Harassment, Supervisor Training, Title VII, U.S. Supreme Court, Workplace Bullying by: Missouri Employment Law Letter
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by James M. Sconzo and James C. Goodfellow
Sonia Sotomayor’s nomination to the U.S. Supreme Court has triggered a classic clash of left versus right. Those speculating on how Judge Sotomayor might rule on key constitutional issues have characterized her as everything from a level-headed jurist who applies the law to the facts of the cases [...]
Posted in Connecticut, Discrimination and Harassment, Race Discrimination, U.S. Supreme Court by: Connecticut Employment Law Letter
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by James M. Sconzo and James C. Goodfellow
Last week, we disussed the overall makeup of the U.S. Supreme Court and the personal background of the High Court’s newest nominee, Sonia Sotomayor. We also looked at Judge Sotomayor’s decision in the discrimination case filed by New Haven, Connecticut, firefighters which was recently overturned by the Supreme [...]
Posted in Connecticut, Discrimination and Harassment, Race Discrimination, Sex Discrimination, U.S. Supreme Court by: Connecticut Employment Law Letter
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A sharply divided U.S. Supreme Court recently ruled that provisions of a collective bargaining agreement (CBA) that clearly and unmistakably require union members to arbitrate age discrimination claims are enforceable. While the decision is unlikely to affect many employers, the ruling is the latest in a series of Supreme Court decisions finding arbitration to be [...]
Posted in ADEA, Age Discrimination, Arbitration, Discrimination and Harassment, Kansas, U.S. Supreme Court, Unions by: Kansas Employment Law Letter
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The Pregnancy Discrimination Act (PDA) is back in the news as the U.S. Supreme Court considers whether AT&T violated the Act by paying reduced pension benefits based on uncredited pregnancy leave taken before enactment of the PDA in 1978. That upcoming decision may influence whether companies have to change their [...]
Posted in Arizona, EEOC, Pregnancy Discrimination, Pregnancy Discrimination Act, Retirement, Title VII, U.S. Supreme Court by: Arizona Employment Law Letter
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The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes [...]
Posted in ADEA, Arbitration, Pregnancy leave, Retaliation, Sexual Harassment, Title VII, U.S. Supreme Court, Unions, Washington D.C. by: Federal Employment Law Insider
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