an update for the week of january 1, 2007
today's workplace: the employee rights blog
Some New Year's Resolutions -- for Maria: Because it's the time of year when we all make New Year's resolutions (at least those who have not already sworn never to do so), I had planned to write this blog entry about some resolutions that will help ensure that 2007 becomes known as the year of the American worker. But then I learned of the untimely death of one of our colleagues, Maria Leavey. She was going to help Workplace Fairness do the best that it could to keep these issues live and well before the American public. So I propose these resolutions in her memory, knowing that we will greatly miss the particular resolve she would have contributed, but also knowing that any success that we achieve is what she would have wanted.
this week in the courts
Burnett v. LFW Inc. ?(Seventh Circuit; No. 06-1013)
Decision Date: December 26, 2006
In an action alleging violations of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) against a former employer, summary judgment for the employer is affirmed in part as to the ruling on the ADA claim, but reversed as to the ruling on the FMLA claims where, although it was a close question, plaintiff provided his employer information sufficient to notify the employer of his need for FMLA leave. [Sign-in required.]
Decision Date: December 19, 2006
In the context of the qualification prong of a prima facie case of discrimination under Title VII, an employer that hires someone who lacks a job posting's objective qualifications cannot point to the absence of those same qualifications in another applicant as a basis for declining to hire that second applicant. [Sign-in required.]
Asmo v. Keane, Inc. ?(Sixth Circuit; No. 05-3818)
Decision Date: December 18, 2006
In a Title VII action brought against an employer claiming that plaintiff was terminated because she was pregnant, summary judgment for defendant is reversed where: 1) the district court erred in holding that plaintiff needed to present evidence beyond a nexus between her pregnancy and the adverse employment decision to satisfy the Barnes additional-evidence requirement, and plaintiff established a prima facie case; and 2) plaintiff presented sufficient evidence to show that the reasons defendant gave for her termination were pretextual. [Sign-in required.]
Johnson v. Martin ?(Fifth Circuit; No. 06-30279)
Decision Date: December 18, 2006
Under the Fair Labor Standards Act (FLSA), wages earned after termination offset lost wage damages. A judgment and award of damages to plaintiffs in an FLSA suit, who claimed they were discharged for filing complaints for unpaid wages, is affirmed over plaintiffs' claims of error where the district court properly applied the law in offsetting their damage award by wages they earned after their employment was terminated. [Sign-in required.]
Rucker v. Lee Holding Co. ?(First Circuit; No. 06-1633)
Decision Date: December 18, 2006
Dismissal of plaintiff's suit challenging his dismissal under the Family and Medical Leave Act is reversed where regulations promulgated by the U.S. Department of Labor (DOL), as interpreted by the DOL, establish that previous periods of employment with an employer count towards satisfaction of the Act's 12-month employment requirement. [Sign-in required.]
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? 2007 Workplace Fairness