an update for the week of october 24, 2005
today's workplace: the employee rights blog
North Country: Sometimes You Can't Make It On Your Own: What do the band U2 and the movie North Country have in common? Even when you count lead singer Bono's commitment to social consciousness, the answer is not that much, except for the fact that I saw them both in the past week. But after having one of U2's most recent hits embedded in my brain after the concert, I think it's a good summation of the theme of North Country, a film about the nation's first sexual harassment class action: Sometimes You Can't Make It On Your Own. And both are highly worth seeing.
this week in the courts
Shikles v. Sprint  (Tenth Circuit; No. 03-3326)
Decision Date: October 21, 2005
The Age Discrimination in Employment Act requires a private sector claimant to cooperate with the EEOC in order to exhaust his or her administrative remedies. Plaintiff's failure to exhaust his or her administrative remedies does not justify granting summary judgment to the defendant, but rather justifies dismissing the case for lack of jurisdiction.

Gordon v. ExxonMobile Corp.  (Seventh Circuit; No. 04-1269)
Decision Date: October 18, 2005
In an employment dispute, summary judgment in favor of defendant-employer is affirmed where plaintiff's application for Social Security Disability Insurance judicially estopped his Americans with Disabilities Act claim.
Kauffman v. Fed. Express Corp.  (Seventh Circuit; No. 04-2433)
Decision Date: October 18, 2005
In an employment dispute, defendant is entitled to leave under the Family and Medical Leave Act where the district court misread a medical certification submitted to his employer which established his entitlement.
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