The Obama Administration may go down in history as the Administration of Enforcement: investigations of worker misclassification and wage and hour issues are way up. Now we’re seeing it also applies to the civil rights arena. Last year was a record-setting year for the Equal Employment Opportunity Commission. It received more charges than ever, resolved [...]
As published in the July 25, 2011 CT Law Tribune
Has the world gone mad? Is a 10-year old girl capable of sexual harassment and creating a hostile work environment so serious that a school employee had to stop performing his job duties? This employee thought so. Kevin Wilson, a male “para-professional” at a Maryland elementary school, claimed that a 10-year old female student sexually [...]
In one of the first decisions to interpret the new Americans with Disabilities Act Amendments Act (ADAAA), the U.S. District Court for the Northern District of Illinois found that employees with cancer in remission are “disabled” under the Act. Stephen Hoffman worked as a service technician for Advanced Healthcare. The Company was aware that Hoffman [...]
The United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) recently ruled that an older worker, discharged in a reduction in force (“RIF”), must clear an additional hurdle to bring a claim under the Age Discrimination in Employment Act (“ADEA”). Generally, to establish an ADEA claim (which protects workers [...]