Monthly Archives: September 2008

Transgender Woman Wins Discrimination Lawsuit In D.C.

A transgender woman has won a bench trial in the U.S. District Court for the District of Columbia on her claim under the Civil Rights Act of 1964 for discriminatory refusal to hire based on gender.  The court’s opinion can … Continue reading

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Study Suggests Employers Fare Better In Federal Court

The Ohio Employer’s Law Blog has a post on a study performed on employment lawsuit outcomes in federal court from 1979 to 2006.  The conclusion?  No surprise — it is better for defendants in employment lawsuits to be in federal court.  … Continue reading

Posted in Litigation | 1 Comment

Congress Passes ADA Amendments Act of 2008

Congress has passed and forwarded to President Bush a bill substantially amending the ADA.  News reports indicate that the President will sign the bill.  Stories are here and here.

Posted in Uncategorized | 1 Comment

Failure To Accommodate Can Result In Constructive Discharge

Workplace Prof Blog has a post today here on a decision by the U.S. Court of Appeals for the Sixth Circuit.  The case drew our attention because it relied on a decision by the Fourth Circuit in concluding that an … Continue reading

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Recent Jury Verdicts And Settlements

We have not posted jury verdicts and settlements in a little while, so there are a number of them to report on.  The list is after the jump.

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Montgomery County Transgender Discrimination Ordinance Takes Effect

According to the Washington Post, a ruling by the Court of Appeals in Maryland overturning a referendum has allowed the Montgomery County ordinance prohibiting transgender discrimination to take effect.  The story is here.  The Maryland Court of Appeal’s per curiam … Continue reading

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Pundits Predict Increase In Job Bias Cases

According to Workplace Prof Blog, attorneys at the recent American Bar Association Labor & Employment Law Conference predict an increase in job bias cases as the economy slows down.  Click here for the post.

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Government Contractors Face Debarment for Unlawful Employment Practices

The USCIS has recently notified 7 companies that they face debarment because each has been found to be unlawfully employing persons without employment authorization.  The FAR explicitly provides that contractors may be considered for debarment if they knowingly hire an … Continue reading

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Employee Misses FMLA Eligibility By 12 Minutes — And Loses Case

Workplace Prof Blog has an interesting post here on a case from the U.S. Court of Appeals for the Seventh Circuit affirming the dismissal of an FMLA case on summary judgment because the employee had only worked 1249.8 hours during … Continue reading

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Retaliatory Discharge Under ERISA

For those interested in ERISA, the Boston ERISA and Insurance Litigation Blog has a post here on a decision by the U.S. Court of Appeals for the First Circuit holding that a plaintiff must produce evidence of specific intent to … Continue reading

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EEOC Issues ADA Q&A Guide On Performance And Conduct Issues

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Q&A Guide addressing how the Americans with Disabilities Act (ADA) applies to performance and conduct issues.  The EEOC’s press release can be found here, and the Q&A Guide itself can … Continue reading

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Eastern District of Virginia Dismisses Employment Contract Case

The U.S. District Court for the Eastern District of Virginia, Alexandria Division, awards attorneys’ fees and costs to the employer on a breach of contract claim brought on the basis of an employment agreement that was terminated.  A copy of … Continue reading

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Defense Related Disclosures to Foreign Nationals

Companies involved in producing products or components of products to be used in US defense systems should take note of the following case.

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