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Getting Personal May Cost You ( March 2003 )
The employment relationship is fraught with potential litigation pitfalls for employers - even before it actually begins. There have been many lawsuits that were based on inquiries made during job interviews. These inquiries are often innocent questions intended to start a conversation or put the interviewee at ease, but they can easily backfire and lead you straight to the courtroom. -
Labor and Employment: Seniority Can Trump Disability ( June 2002 )
The Supreme Court has recently taken yet another bite out of the Americans with Disabilities Act, making it easier for employers who consistently apply seniority systems to handle competing claims of ADA accommodation. -
Supreme Court Narrows The Reach Of Disabilities Act ( March 2002 )
Since it was enacted in 1990, the federal courts have attempted to decide who is protected by the Americans with Disabilities Act ("ADA"). This judicial analysis, emerging case-by-case and without any clear consensus, has been necessary because the employment provisions of the ADA define a person with a "disability" in very general terms. -
What Can You Lie About On Your Job Application? (And Still Get Paid--For A While) ( March 2002 )
A recent Circuit Court of Appeals case holds that paid union organizers are permitted to lie on their employment applications about their status as "Salts" and about facts that might raise suspicion that they are union organizers. -
Employment Law: Employer's Duty to Accommodate an Employee's Disability ( October 2000 )
Introduction In passing the Americans with Disabilities Act (ADA) in 1990, Congress attempted to level the playing. -
What You Should Know About Disability Discrimination In The Workplace ( October 2000 )
Disabled individuals now have a number of protections in the workplace. Federal law prohibits discrimination in th. -
Terminating Employees Who Claim They Are Disabled ( April 2000 )
This article emphasizes the importance of an employer establishing a paper trail in support of terminating an employee. As the article discusses, many iron clad cases are lost because of the lack of documentation supporting reasons for termination. -
Rules For Avoiding Litigationand Limiting Costs ( June 2000 )
Always remember that the only real winners in an ADA case are the lawyers. Creative solutions are usually more eco.
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