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Article Index » title vii: 10 Most Recent Articles
Report Link Supreme Court to Hear Five Labor and Employment Cases.
Vedder Price - November 09, 2009
The United States Supreme Court began its latest term on October 5, with fi ve cases on its docket that will directly impact employers. Two of the cases deal with labor arbitration; a third deals with the degree of deference due an ERISA plan administrator; a fourth addresses the amount of time a plaintiff has to fi le a discrimination charge; and the fi nal one involves allegations of whistle-blowing and the attorney-client privilege.
Report Link Employment Law Supreme Court Roundup in 2009.
Phelps Dunbar LLP - October 30, 2009
The 2008 term of the United States Supreme Court did not see as many major labor and employment law cases as the previous term. Even so, a number of high-profile and otherwise significant employment cases made their way onto the court's docket. The following is a summary of the major cases decided in 2009 from the Court's 2008 term.
Report Link EEOC Issues Guidance Regarding Waivers in Severance Agreements.
Ford & Harrison LLP - October 29, 2009
The EEOC recently issued guidance directed at helping employees understand waivers of discrimination claims included in employee severance agreements. Although the information provided in the guidance is not new, it is timely as U.S. employers continue to face layoff decisions in the current economic climate.
Report Link Supreme Court to Determine First Title VII Statute of Limitations Case in Post-"Ledbetter Fair Pay Act" Era.
Ford & Harrison LLP - October 22, 2009
Since its passage in January 2009, the Ledbetter Fair Pay Act ("the Act") has created as many questions as it has answered, including whether it applies to disparate impact cases (that is, cases involving claims that an employment practice or policy that appears neutral on its face actually affects a protected group more harshly than an unprotected group) and whether the courts will extend coverage beyond cases of pay discrimination. The U.S. Supreme Court has decided to hear a case that may give it the opportunity to answer these two questions.
Report Link Third Circuit Holds Claim Timely under Ledbetter Act.
Jackson Lewis LLP - September 25, 2009
After resurrecting a claim it previously found untimely, the U.S. Court of Appeals for the Third Circuit, in Philadelphia, has concluded that the failure to answer an employee’s request for a raise constituted a “compensation decision” that could be an actionable event under the federal anti-discrimination laws. Mikula v. Allegheny County, 2009 WL2889742 (3d Cir. Sept. 10, 2009). This seems to continue the broad interpretation that courts are giving the phrase “compensation decision” following enactment of the Lilly Ledbetter Fair Pay Act.
Report Link How to Lose a Title VII Statute of Limitations Defense.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 23, 2009
Title VII of the 1964 Civil Rights Act requires covered employers to post a notice describing the law's provisions in an accessible format. This notice must be conspicuously posted in the same place where other employee notices are customarily maintained. Moreover, the notice must be prepared by or approved by the EEOC.
Report Link U.S. Supreme Court Weighs In on Employment Law Developments.
Fredrikson & Byron, P.A. - September 10, 2009
Employers and their attorneys have been hard-pressed to keep up with rapid changes and developments in employment law in 2009. The U.S. Supreme Court has, for its part, issued a number of important decisions in 2009 that will affect the administration and direction of discrimination challenges and lawsuits. The decisions are discussed below.
Report Link Reminder – September 30, 2009 Deadline: EEO1 and VETS 100 Reports.
Ford & Harrison LLP - August 13, 2009
This is a reminder that covered employers are required to file their EEO-1 and VETS 100 Reports on or before September 30, 2009.
Report Link Federal District Court Rules that Back Pay and Front Pay are Wages Subject to Employment Taxes.
Littler Mendelson, P.C. - August 11, 2009
In Josifovich v. Secure Computing Corp.1 a federal district court in New Jersey held that both back pay and front pay paid as part of a settlement award to a former employee were wages and thus subject to federal employment taxes. The court also rejected the former employee's argument that the employer must pay the taxes by "grossing up" the settlement, finding that because the plaintiff had entered into the settlement voluntarily, she was stuck with its tax consequences.
Report Link Victory Is Sweetest When You've Known Defeat.
Fisher & Phillips, LLP - August 04, 2009
Good news for employers this year! Well . . . at least as compared to last year's Supreme Court term. The majority of the employment cases decided by the Court this term can be considered a victory for employers, and even one of the decisions siding with employees is not all bad. So, after losing all but four of the eleven employment decisions decided last year, employers can finally breathe a welcome sigh of relief. As discussed below, employers can claim victory in six cases, while only accepting defeat in one case and considering another case to be a mixed result.

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