an update for the week of september 5, 2005
today's workplace: the employee rights blog
Katrina's Impact on Workers: Catastrophic: Like many Americans, I have spent the last week obsessed and devastated by the reports of Hurricane Katrina's destruction of the city of New Orleans, as well as parts of Mississippi and Alabama. Even with Labor Day occurring, it was hard to think about anything else. While it seems slightly unseemly to worry about it when lives are still very much at stake, Katrina not only ravaged one of the world's most charming cities, but devastated the workplaces of hundreds of thousands of workers. While our contribution pales in comparison to the organizations such as the American Red Cross which are providing massive amounts of critical assistance to the displaced, here's a roundup of some of the employment-related issues that Katrina's destruction raises.
this week in the courts
EEOC v. Nat'l Educ. Ass'n  (Ninth Circuit; No. 04-35029)
Decision Date: September 2, 2005
Offensive conduct that is not facially sex-specific may violate Title VII if there is sufficient circumstantial evidence of qualitative and quantitative differences in the harassment suffered by female and male employees.
Capobianco v. City of New York  (Second Circuit; No. 04-3230)
Decision Date: September 1, 2005
In an employment discrimination dispute, summary judgment in favor of defendant is reversed and the case is remanded to determine whether plaintiff, who suffers from night blindness, is disabled within the meaning of the Americans with Disabilities Act.
D'Angelo v. ConAgra Foods, Inc.  (Eleventh Circuit; No. 04-10629)
Decision Date: August 30, 2005
The Americans with Disability Act, by its plain language, requires employers to provide reasonable accommodations for employees they regard as disabled.
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