an update for the week of may 2, 2005
today's workplace: the employee rights blog
Will Corporations Now Take Their Cues from the Right?: Major corporations -- especially those near the top of the Fortune 500 heap -- are hardly the vanguard of social consciousness in this country. But they have often recognized that their ability to keep and retain the best and brightest employees often requires them to adopt more progressive policies than the minimum required by law. This institutional support has then been leveraged into legislative support, where, in the opposite of the usual paradigm, legislatures adopt progressive policies to keep businesses and their constituents happy. Microsoft just turned this progression on its ear in the state of Washington. Will other corporations start to play along?
Looking for the Superemployee: We know how critical it is to be able to work, and we dangle the expectation that those with drive and ambition will be successful in the workplace and will be allowed to advance according to their abilities. The only citizens who are not expected to work are those who are certified as too disabled to work. However, we appear to be moving in the direction of creating new classes of unemployable people who are not disabled. If every employer applied the same standards as some employers are being applauded for upholding, we will soon have a class of people who aren't disabled, but nonetheless find their job possibilities extremely limited. Is that really the direction in which we want to be headed?
this week in the courts
Plotke v. White  (Tenth Circuit; No. 02-3289)
Decision Date: April 29, 2005
In a wrongful termination suit, summary judgment in favor of defendant-employer is reversed where plaintiff has established a prima facie case of gender discrimination.
Green v. Elixir Indus.  (Eleventh Circuit; No. 01-00083)
Decision Date: April 29, 2005
In a wrongful termination suit, plaintiff's failure to include specific allegations of hostile work environment discrimination in his EEOC charge does not bar his claim for hostile work environment discrimination.
Decision Date: April 26, 2005
In a suit alleging violations, related to maternity leave, of the Family and Medical Leave Act, dismissal of plaintiff's claim is reversed where she has raised a genuine issue as to whether she was constructively discharged.
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