Features
To (b)(2) or Not to (b)(2)?
Is there a person alive who does not know that Wal-Mart Stores Inc. has been sued in a gigantic class action? On June 21, U.S. District Judge Martin J. Jenkins of the Northern District of California certified the largest employment discrimination class action in American history. <i>See Dukes v. Wal-mart Inc.</i>, No. C 01-02252 (N.D. Calif. 2004), 2004 U.S. Lexis 11365.
Features
Recent Developments from Around the States
Rulings of interest to you and your practice, nationwide.
Features
Disability Dilemmas for Supervisors
As we all know, the ADA prohibits discrimination on account of past, present and perceived physical and emotional disabilities. Generally, the key to avoiding liability is focusing on abilities and not disabilities. That's an easy mantra to articulate, but it can be deceptively complicated for a supervisor to implement.
NLRB Again Limits <i>'Weingarten' </i>Rights
Continuing a seesaw battle that has been ongoing since the early 1980s, the NLRB recently held in a 3-2 decision that non-union employees do not have a right under the National Labor Relations Act to be accompanied by a fellow employee during a meeting that might lead to discipline.
Coordinating Complex Employment Litigation
In the past several years, employment class and collective action lawsuits have caught the attention of employees across the country. Many of these cases have resulted in multi-million dollar settlements or verdicts. Equally troubling, once an industry or corporation is viewed as potentially vulnerable on an issue, copycat cases may be brought in multiple jurisdictions against the same defendant or against others in the same industry.
National Litigation Hotline
Recent rulings of importance to you and your practice.
Recent Developments from Around the States
National cases of importance to your practice.
Features
Recent Developments from Around the States
National cases of importance to your practice.
Features
OK to Favor Older Employees over Younger Ones?
On Feb. 24, 2004, the U.S. Supreme Court issued an important decision concerning whether the Age Discrimination in Employment Act (ADEA) prohibits employers from engaging in "reverse discrimination" by favoring older workers over younger workers. In <i>General Dynamics Land Systems, Inc. v. Cline</i>, the Supreme Court held that the ADEA does not prohibit employers from favoring older employers over younger ones. Because this decision resolves a conflict in various federal circuit courts of appeal, the Supreme Court's opinion eliminates any uncertainty concerning this issue at the federal level.
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