ERISA Anti-Retaliation

By Bill Wright Following the broad reading that the Supreme Court recently adopted for protected complaints under the FLSA, the Seventh Circuit has ruled that ERISA non-retaliation provision should have a similar broad reading.  ERISA protects both employees who engage in formal proceedings about benefit plans and also employees who informally ask questions about the […]

Dukes Class Action Shrinks but Survives

By Andrew Volin The massive Dukes gender discrimination class action against Wal-Mart is moving forward again, but on a smaller basis. Last year, the Supreme Court ruled that a nationwide class was improper and decertified the class. Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011). The case was remanded to the District Court, and […]

Accommodate Despite Ability To Perform

By Ted Olsen A cardinal rule of disability discrimination law has been that an employer must make reasonable accommodations for a disabled employee, so that the individual can perform the essential functions of his or her job, but the employer does not have to provide accommodations for the individual’s personal convenience or benefit.  Another cardinal rule in […]

ADA Title II Doesn’t Cover Employers

By Ted Olsen The Tenth Circuit Court of Appeals, which decides cases in Colorado and surrounding states, recently ruled that a state or local government employee cannot pursue an employment discrimination claim under the subchapter of the ADA relating to “Public Services,” Title II of the Americans with Disabilities Act, 29 U.S.C. § 12131 et […]