an update for the week of october 27, 2003
Each week, Workplace Week brings you news and commentary on critical issues affecting employees and advocates.

In this edition: class action bill defeated; immigration status discrimination refresher in wake of Wal-Mart arrests
today's workplace: the employee rights blog
Class Action Fairness Bill Defeated in Senate: Victory for Workers: Some good news from the U.S. Senate: on October 22, in a 59-39 vote, the Senate lacked the 60 votes necessary to stop a Democratic-led filibuster which prevents the Class Action Fairness Act (S 1751) from moving forward. The vote is a victory for workers everywhere, especially those who work for larger employers, who may need to vindicate their rights by bringing a class action lawsuit against their employer. The vote also represents a rare defeat for big business and the Administration's agenda in this session of Congress.
this week in the courts
Freund v. Nycomed Amersham  (Ninth Circuit; Nos. 01-56491, 01-56494)
Decision Date: October 21, 2003
In a wrongful termination action, judgment for compensatory damages is affirmed where plaintiff's claims fell within the ambit of section 6310 and wrongful termination actions under section 6310 are not limited to statutorily-identified remedies. Grant of defendant's post-trial motion for JMOL with regard to punitive damages is reversed where defendant failed to move for such relief at the close of the evidence.
Nesbit v. Gears Unlimited, Inc.  (Third Circuit; No. 01-1195)
Decision Date: October 21, 2003
Dismissal of a Title VII action is affirmed on the merits, where the court properly refused to aggregate the number of employees between the defendant and a related entity in order to reach the 15-employee minimum required for application of Title VII, holding that the 15-employee requirement is a substantive rather than jurisdictional requirement.
Longen v. Waterous Co.  (Eighth Circuit; No. 02-3297)
Decision Date: October 20, 2003
In a discriminatory termination action under the ADA and the Minnesota Human Rights Act, defendant employer was entitled to enforce a "last chance agreement" with plaintiff which required him to refrain from drug use.
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