an update for the week of march 21, 2005
Workplace Fairness thanks the many Early Sponsors of our upcoming fundraising event celebrating the 20th anniversary of our allied organization, the National Employment Lawyers Association (NELA). The event will be held on Thursday, June 23 in conjunction with NELA?s 2005 Annual Convention in Philadelphia. You can join these event sponsors by downloading and mailing the sponsorship form.
today's workplace: the employee rights blog
Slack or Heart Attack: Which Is It, Corporate America?: The headlines couldn't help but attract my attention as an interesting juxtaposition of workplace trends on the same day: Surveys Find Workers Only Average Three Productive Days a Week, and Survey: Third of Americans are overworked. Then couple that with a little March Madness and computer solitaire, which according to some, brings workplaces to a grinding halt, and an article that says heart attacks are increasingly being caused by too much work, and who knows what to think?
Genetic Discrimination: Why Is Nothing Happening in the House?: If you observe the U.S. Senate at all these days, you know it's a very fractured and partisan institution, with hardly anyone agreeing on anything, much less bills that benefit workers. So it may surprise you to learn that the Senate recently passed a civil rights bill with a 98-0 vote. The Genetic Information Nondiscrimination Act, as the Senate and even the President have recognized, is a legislative no-brainer: people need protection against use of their genetic information for purposes of discriminating against them. So why won't the House of Representatives pass this bill?
this week in the courts
Ezell v. Potter  (Seventh Circuit; No. 03-4099)
Decision Date: March 16, 2005
In an employment discrimination dispute, dismissal of plaintiff's race, sex, and age claims is reversed where they are sufficiently supported to survive summary judgment.
Marie v. Allied Home Mortgage Corp.  (First Circuit; No. 04-1403)
Decision Date: March 16, 2005
An employer does not waive its right to arbitration by failing to raise the arbitration defense with the EEOC or by failing to initiate arbitration during the pendency of the EEOC proceedings.
Hasan v. US Dep't of Labor  (Seventh Circuit; No. 04-3030, 04-3157, 04-3836)
Decision Date: March 14, 2005
Plaintiff's suit, alleging retaliatory failure to hire, is dismissed where there is substantial evidence that defendant-employer had legitimate, nonpretextual reasons for its actions.
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