Library Search

FAQ   Summaries of Law   Dictionary

• Whistleblower Protection Without Blowing The Whistle? The California Supreme Court Says That Employees Can Silently Oppose Discrimination and Still Sue For Retaliation ( August 2005 )
  Philip L. Ross and Nancy E. Pritikin of Littler Mendelson, P.C.

  Employees in California need not explicitly say they are opposing discrimination in order to claim retaliation, and can show opposition simply by refusing to comply with an employer's directives.

• ERISA Discrimination Claims May Complicate an Age Claim ( July 2005 )
  Benjamin A. Escobar of Beirne, Maynard & Parsons, L.L.P.

  Section 510 of ERISA provides an employee with protection against two types of conduct: adverse action because a plan participant has availed himself of an ERISA right or adverse action to interfere with attainment of an ERISA right. Consequently, the section provides protection, regardless of whether the claim is based on existing or prospective rights under a plan.

• Recent Amendments to the Fair Credit Reporting Act Make It Easier for Employers to Investigate Employee Misconduct ( July 2004 )
  Teresa L. Clark of

  On December 4, 2000, President Bush signed into law the Fair and Accurate Credit Transactions Act, a law which amends the Fair Credit Reporting Act. Although most of the provisions of the new law address credit and identify theft issues, Section 611 exempts investigations of suspected employee misconduct from FCRA's onerous reporting and disclosure provisions and makes it easier for employers to investigate workplace misconduct. This provision will become effective March 31, 2004.

• Investigating Employee Wrongdoing and Workplace Misconduct: Navigating the Amended Fair Credit and Reporting Act ( February 2004 )
  Kathleen  Dent and Sheehan  Sullivan Weiss of Davis Wright Tremaine LLP

  With the new Fair and Accurate Credit Transactions Act (FACT) signed into law on Dec. 4, 2003, Congress amended the Fair Credit Reporting Act (FCRA) and clarified the FTC's role in regulating workplace investigations. Specifically, the amendments exclude certain workplace investigations from the cumbersome notice and consent requirements contained in the FCRA. The amendments also contain new disclosure requirements when a workplace investigation results in an adverse employment action for an employee.

• Equal Educational Opportunities for Underrepresented Minorities: How Schools Should Respond to the Supreme Court's Affirmative Action Decisions ( September 2003 )
  Valerie L. Simons of Holland & Hart LLP

  The recent Supreme Court cases on affirmative action in higher education admissions at the University of Michigan were critical and timely rulings for those decision-makers in educational institutions who have lacked guidance for a generation about how to achieve a diverse student body without running afoul of the Constitution.

• Retaliation: Employers Can Escape the Appearance of Wrongdoing ( May 2000 )
  Susan E. Oliphant of Maslon Edelman Borman & Brand, LLP

  Creating and fostering an open work environment can be challenging to employers.

• Light Duty Program Reserved for Employees Injured on the Job Need Not Be Extended To Pregnant Employees ( January 2000 )
  Bodman LLP

  The Eleventh Circuit has ruled, consistent with the Fifth Circuit, that reserving a light duty program exclusively .

• Changes in Material Adverse Change Provisions ( September 1999 )
  Michael J. Halloran of Pillsbury Winthrop Shaw Pittman LLP

  Material adverse change provisions in merger agreements are changing, particularly in high tech industry acquisiti.

• FTC Staff Opinion Letter: Fair Credit Reporting Act Section 605(a) ( December 1998 )
  Federal Trade Commission

  Federal Trade Commission staff opinion letter which analyzes the length of time that a consumer reporting agency may report adverse items of information under the Fair Credit Reporting Act.

• FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b)(2), 604(b)(3), 606, and 615(a) ( December 1997 )
  Federal Trade Commission

  Federal Trade Commission staff opinion letter which analyzes the disclosure obligations of employers to consumers (applicants for jobs or current employees) under the Fair Credit Reporting Act.