An employee could not recover under the Rehabilitation Act of 1973 based on a jury finding that retaliation for his complaints about disability discrimination was a motivating factor in — though not the “but-for cause” of — an adverse employment ...

Tagged with: Aug. 31 2012 issue

A substitute teacher who was turned down for open teaching positions could sue for age discrimination based on evidence that interview sheets were missing from his personnel file, the Rhode Island Supreme Court has ruled in a split decision.

Tagged with: Aug. 31 2012 issue

Rule modifies bias complaint process A final rule modifying the complaint process for federal employees claiming discrimination has been issued by the Equal Employment Opportunity Commission. The new rule allows an EEOC complaint challenging a proposal or a preliminary step ...

Tagged with: Aug. 31 2012 issue

A mandatory arbitration clause in an employment application was unenforceable against a pregnant woman who brought suit after being denied a job, the 1st U.S. Circuit Court of Appeals has ruled in a 2-1 decision.

Tagged with: Aug. 31 2012 issue

In most American workplaces, at-will employment clauses in employee handbooks and agreements are as common as break room water coolers. But recent cases brought by the National Labor Relations Board alleging that some at-will policy agreements violate federal law have ...

Tagged with: Aug. 31 2012 issue

Is the Internet a place of public accommodation under the Americans with Disabilities Act? Courts across the nation have been split on the issue. But a recent decision from a U.S. District Court judge in Massachusetts that the ADA covers ...

Tagged with: Aug. 31 2012 issue

I find it rare when an important legal issue remains unresolved after 30 years. Regulation of the so-called “finder” is such an issue. It now is refocused following an April meeting between an American Bar Association task force and the ...

Tagged with: Aug. 31 2012 issue