an update for the week of april 24, 2006
today's workplace: the employee rights blog
Happy Equal Pay Day -- Now Let's Move It to January: Today, Tuesday, April 25, is Equal Pay Day, which means it's the day that women have to work to in 2006 in order to make the same amount as their male colleagues did in 2005, since American women continue to make 77 cents for every dollar their male counterparts earn. The day has always been celebrated in April in recent memory, as the pay gap between women and men has not considerably narrowed in decades. While it should be possible to completely eliminate the pay gap between the genders, even if we can't do that overnight, we'd all feel much better about the holiday if the gap were so small we could celebrate it in January, rather than almost four months after the new year starts.
this week in the courts
Tomasso v. Boeing Co.  (Third Circuit; No. 04-4657)
Decision Date: April 19, 2006
Summary judgment for defendant-employer in an age discrimination suit is reversed in part as to claims brought under the Age Discrimination in Employment Act (ADEA) and state law where plaintiff showed sufficient implausibilities and inconsistencies in defendant's primary rationales for his layoff to avoid summary judgment, and a rational factfinder could dismiss secondary reasons as pretextual.
Minard v. ITC Delta Communications, Inc.  (Fifth Circuit; No. 04-30230)
Decision Date: April 18, 2006
The Family Medical Leave Act's (FMLA) definition of an "eligible employee" is not a limit on the federal courts' subject matter jurisdiction, but instead the employee-numerosity requirement is an element of an FMLA claim.

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