an update for the week of january 26, 2004
Each week, Workplace Week brings you news and commentary on critical issues affecting employees and advocates.

In this edition: new (and bad) 7th Circuit decision of first impression, and an employee wins one in the 4th Circuit.
today's workplace: the employee rights blog
Warm Bodies Cost More Than Machines to Maintain, But They Also Vote and Spend Money: You may have heard lately, here and elsewhere, about the "jobless recovery." While a number of the traditional leading economic indicators demonstrate that our nation is coming out of the economic malaise characterizing the past few years, unemployment and job creation statistics aren't matching up. While the debate could become endless whether a "jobless recovery" is or should be an oxymoron where policymakers are concerned, economists are still grappling for an explanation as to why the economy is growing when its workers aren't. A recent article suggests one explanation: the number of businesses investing in new equipment is increasing significantly, while the numbers reflecting businesses who invest in new employees isn't budging.
this week in the courts
Love-Lane v. Martin  (Fourth Circuit; No. 02-1465)
Decision Date: January 22, 2004
Plaintiff has raised a genuine issue of material fact as to whether she was demoted in retaliation for her protected speech in opposition to race discrimination against school children. Because the school superintendent should have known that retaliation taken in response to such speech violates the First Amendment, he is not entitled to qualified immunity with regard to that claim.
Kramer v. Banc of Am. Sec., LLC  (Seventh Circuit; No. 02-3662)
Decision Date: January 20, 2004
Compensatory and punitive damages are not available as a remedy for a retaliation claim against an employer under the ADA. Without the right to recover compensatory and punitive damages, plaintiff had no statutory or constitutional right to a jury trial.
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