Workplace Discrimination Blog

Recent Posts from Workplace Discrimination Blog

• Genetic Information Non-Discrimination Act of 2008 to Take Effect Nov. 21

  On November 21, 2009, the Genetic Information Non-Discrimination Act of 2008 (P.L. No. 113-233) also known as GINA will take effect.  Title II of the Act prohibits employers, employment agencies, and other employment related entities from…

• 5th Cir. Holds That SOX Claim Is Precluded by Prior Title VII Complaint

  On November 3, 2009, the 5th Circuit Court of Appeals held that a Sarbanes-Oxley Act (SOX) claim can be precluded by a failed Title VII discrimination suit.  The per curium decision came in Thanedar v.…

• Bill Introduced to Provide Sick-Leave for H1N1 Flu

  On November 3, 2009, a bill entitled the Emergency Influenza Containment Act (H.R. 3991)  was introduced by U.S. Rep. George Miller (D-CA) and referred to the House Committee on Education and Labor.  The bill provides…

• President Signs Bill Expanding FMLA Coverage for Military

  On October 28, 2009 President Obama approved legislation expanding the Family Medical Leave Act (FLMA).  The amendment to the FLMA extends the availability of exigency leave to the family of regular armed forces in addition…

• TELG Client Wins Important Decision in 4th Circuit ADEA Claim

  On October 22, 2009, the Fourth Circuit Court of Appeals reversed a district court ruling granting summary judgment against TELG client Dean Inman.  Mr. Inman was the former Vice President of Technology at Klockner Pentaplast…

• CA Court of Appeal Harshly Criticizes Defense’s Abusive Motion for Summary Judgment in Employment Case

  On October 9, 2009, the California Court of Appeals issued a decision in Nazir v. United Airlines, Inc. In a case which cautions defendants against over-burdening a plaintiff in the employment context, the Court reviewed…

• Federal Magistrate Judge Compels Former Employers to Produce Records of Accused

  On October 16, 2009, a magistrate judge for the Eastern District of Virginia denied a protective order filed by the defense.  The defendant in this case, Joseph Zengerle, was seeking to protect former employment records…

• Court Rules That Employers Can be Liable for an Independent Contractor’s Decision to Discriminate Against Job Applicants

  The Second Circuit has clarified that an employer can be liable under the Age Discrimination in Employment Act (“ADEA”) for an independent contractor’s decision to discriminate against a job applicant because of his or her…

• Third Circuit Allows Male Employee to Proceed with Title VII Claim for Gender Stereotyping

  On August 28, 2009, the Third Circuit issued a ruling in Prowel v. Wise Business Forms, Inc., which clearly states that an employee can bring a claim of gender stereotyping sex discrimination under Title VII. …

• Fair Employment and Housing Commission Updates Comparison Chart on FMLA and CFRA (California Family Rights Act) Regulations

  In November 2008, the Department of Labor issued revised regulations for the Family Medical Leave Act (FMLA), which became effective on January 16, 2009.  These new regulations however, differ from comparable regulations that California’s Fair…