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Employment Law

9/2/2010
Taylor B. Downs
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Facts on Sexual Harassment

This is a nice, concise website that contains general facts about sexual harassment.  The website is hosted by the Equal Employment Opportunity Commission and gives the reader general information about sexual harassment and an overview of how the EEOC handles sexual harassment complaints.

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8/22/2010
Taylor B. Downs
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More ADA claims filed in 2009 than in any other year

The Equal Employment Opportunity Commission has released statistics that more people filed complaints of disability discrimination under the Americans with Disabilities Act in 2009 than in the past 20 year history of the ADA.  Reports credit this increase to a new amendment to the ADA which broadens the definition of what it means to be disabled as well as the recession. 

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8/5/2010
Taylor B. Downs
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More Men Filing Sex Discrimination Suits, Statistics Show

Interesting article highlighting new statistics from the EEOC showing that more men are filing sexual discrimination suits.  EEOC statistics show that the number of men filing sexual harassment claims has doubled from 8 percent to 16 percent in the past twenty years. 

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7/1/2010
Taylor B. Downs
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Michigan Wal-Mart worker using medical marijuana sues over firing

Although medicinal marijuana remains illegal in West Virginia, this can easily be paralleled to a disability discrimination lawsuit where an individual is fired for taking prescription pain medications.  It will be interesting to see how this case plays out in Michigan and how many companies follow in Wal-Mart's footsteps.   

A Michigan man who was fired from Wal-Mart when he failed a drug test due to his use of medicinal marijuana has filed a lawsuit against his former employer. Joseph Casias claims in his lawsuit that in November 2009 he twisted his knee while at work. Under Wal-Mart policy, employees who are injured at work must take a drug test. The lawsuit claims that Casias showed his bosses the paperwork from the state allowing him to use medicinal marijuana to alleviate pain from a brain tumor, but he was fired regardless after failing the drug test. The lawsuit seeks unspecified damages.  Gina Damron, Detroit Free Press  06/29/2010

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1/31/2010
Adam Brown
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Pharmacist sues Wal-Mart for unlawful termination after complaints of understaffing

Former pharmacist-in-charge of Wal-Mart's Spring Mills pharmacy in Berkeley County, WV has filed suit against Wal-Mart in the Circuit Court of Berkeley County in Martinsburg, WV. David Wasanyi alleges that Wal-Mart terminated his employment in retaliation for his complaints of understaffing the pharmacy and his safety concerns for the customers. Mr. Wasanyi alleges that he was required to work 13 hours a day, seven days a week and perform the amount of work normally performed by four pharmacists. He contends that the overwork lead to unsafe conditions in the pharmacy. After he complained, Mr. Wasanyi alleges that Wal-Mart retaliated against him by terminating his employment. Mr. Wasanyi is represented by Harry P. Waddell of Martinsburg, West Virginia.

Labels: employment
7/29/2009
Adam Brown
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EEOC and Maryland Attorney settle FMLA and ADA claims for $125,000

Attorney Kathleen Cahill of Towson, MD, and to Maria Morocco of the EEOC's Baltimore office obtained a $125,000 settlement on behalf of a client, whose employer refused to allow her to return to work after she recovered from surgical complications related to her breast cancer.

The claims brought on behalf of the plaintiff included a Family Medical leave Act (FMLA) claim as well as a claim under the Americans with Disabilities Act (ADA).  The client is presently cancer-free.




5/15/2009
Adam Brown
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Excellent employment law website is now open to the general public

Tom Garlands' digest of federal employment law decisions around the country was for years a subscription only service which he provided to legal professionals in the field of employment law.  He has now opened his excellent website as a free resource to the general public.  The site contains a wealth of cases from the federal circuits dealing with all aspects of employment law.  Topics include Title VII, ADA and ADEA cases covering sex, race, disability and age discrimination and harassment, federal wage and hour law, FMLA claims and a variety of employment issues. The website is an excellent research tool for lawyers and a source of information for anyone with questions regarding employment issues.  The website address is www.garlands-digest.com.  There is a direct link to the site contained on the resources page under employment.


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5/3/2009
Harry P. Waddell
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If your employment is terminated you may be able to continue your health insurance coverage with 65 percent of your premium paid by your employer

New changes in federal law under COBRA may allow you to continue your health insurance after your employment is terminated with a 65 percent contribution to your monthly insurance premium paid by your employer.  Under the old rule you were required to pay the entire insurance premium to keep your health insurance in effect after employment termination.  The change is part of President Obama's economic measures to assist persons in the present economy.  Check the library on this website for an article explaining the changes in the law and answering common questions.

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3/27/2009
Harry P. Waddell
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Employment discrimination - new Position Statement of American Diabetes Association

The American Diabetes Association has issued a new position statement on Diabetes and Employment which contains helpful information regarding diabetes as a disability under employment discriminations, reasonable accommodations for diabetes in the workplace and related topics. The statement itself can be viewed in the library section of this website


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