an update for the week of september 18, 2006
today's workplace: the employee rights blog
My Dinner With Andre: Well, not quite...it was just a reception (with free food and drink.) But it was work-related...the most famous retiree in America right now headlined a fundraising event in Washington, DC to support the Arizona and Nevada state minimum wage campaigns.
this week in the courts
Modica v. Taylor  (Fifth Circuit; No. 05-50075)
Decision Date: September 13, 2006
Public employees are subject to individual liability under the Family and Medical Leave Act (FMLA). In a suit alleging, inter alia, wrongful termination for plaintiff's exercising her First Amendment rights and taking leave under the FMLA, denial of summary judgment for defendant is reversed in part as to the FMLA claim where defendant was entitled to qualified immunity on that claim because it was not clearly established that public employees are subject to individual liability under the FMLA when defendant terminated plaintiff's employment.
Decision Date: September 12, 2006
In order to constitute an Americans with Disabilities Act (ADA) impairment, a person's obesity, even morbid obesity, must be the result of a physiological condition. In an employment discrimination action under the ADA alleging that defendant discharged an employee because of his morbid obesity, summary judgment for defendant is affirmed where plaintiff-EEOC did not show that the former employee suffers from an ADA impairment.

The Good, the Bad, and Wal-Mart
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