ADA Public Services Claims Aren’t Employment Claims

By Ted Olsen Different sections of the Americans with Disabilities Act accomplish different ends. Title I addresses employment issues; Title II addresses participation in public services, programs, or activities; Title III generally protects disabled persons’ access to the goods, services, privileges and advantages of “public accommodations.” The U.S. Second Circuit Court or Appeals recently emphasized […]

“Smoking Gun” Emails Don’t Always Smoke

By Brooke Colaizzi Employers cringe when, embroiled in a discrimination lawsuit, they have to produce troublesome emails that comment directly on the plaintiff’s race, religion, or other protected characteristics. These situations don’t all turn out badly for the employer, however. Rapold v. Baxter International Inc., No. 11-2715 (7th Cir. Jan. 30, 2013). In this case, […]

The NLRB’s Swaying Tides

By: Karla E. Sanchez The mates on a tug boat may “demand obedience” and charge an insubordinate deckhand with mutiny, but this doesn’t make the mates supervisors, according to the National Labor Relations Board (“Board”). Brusco Tug and Barge, Inc., 359 NLRB No. 43 (December 14, 2012).  In this case, the Board determined that mates […]

D.C. Circuit Finds NLRB Recess Appointments Unconstitutional

The Court of Appeals for Washington D.C. ruled today that the President’s “recess” appointment of three members of the National Labor Relations Board was unconstitutional. Although the Senate was not holding sessions, it was not in “The Recess” either and therefore the President could not make a “recess” appointment. What happens now to all the […]

FMLA Leave to Care for a Disabled Child Clarified

By Matt Morrison A new interpretation letter from the U.S. Department of Labor may change how some employers administer their FMLA policies. Under the FMLA, qualified employees may take up to twelve weeks of unpaid leave during a twelve-month period to care for a son or daughter with a serious health condition. The FMLA defines […]

Direct Evidence of Sex Discrimination

By Elizabeth Chilcoat Tabor v. Hilti, Inc., provides a clear example of “direct” evidence of discrimination.  The plaintiff, a female employee, claimed that she was denied promotion to an outside sales position selling tools because of her sex.   Two men interviewed her for the position. One interviewer opined that tools “are like guns for men,” […]