june 2, 2008
Workplace Week is a free bi-weekly e-newsletter from Workplace Fairness covering the latest news stories and court cases affecting employees and their advocates, plus our award-winning blog, Today's Workplace.
today's workplace: the employee rights blog
Paula Brantner Returns to Workplace Fairness as Executive Director: I am thrilled to announce that today, June 2, I return to work with Workplace Fairness as the organization's Executive Director. Workplace Fairness' mission of providing information and education to workers and representing the pro-worker voice in public policy debates is as viable as it has ever been in a workplace environment that is becoming ever more inhospitable to workers. I will be working with the WF Board of Directors to ensure the organization is again able to be a leading voice for workers in this country by continuing our programs, revitalizing our website, and maintaining financial stability.
Say Hello to GINA: GINA isn't a new Workplace Fairness staff member, but the first piece of federal legislation protecting workers from discrimination that has come along in quite some time. GINA stands for the Genetic Information Nondiscrimination Act, which prohibits employers from discriminating against applicants and employees based on genetic tests or genetic information, and also prohibits health insurers from restricting enrollment and premium adjustments for health insurance on the basis of genetic information or genetic services. Don't rush out to get those genetic tests just yet, however, as the employment section of the new law doesn't go into effect for 18 months, in order to give the Equal Employment Opportunity Commission time to implement regulations, and for employers to develop policies consistent with the new law.
It Shouldn't Hurt to Say You're Sorry: A recent article in the New York Times caught my eye: Doctors Say 'I'm Sorry' Before 'See You in Court'. It really got me thinking about what would happen to the practice of employment litigation if employers would adopt the same practice. I suspect that it would dramatically cut the instances where employees would sue their employers if more employers could say "we're sorry," when an employee was mistreated. Will this trend take hold with employers the way it's starting to with doctors?
this week in the courts
CBOCS W., Inc. v. Humphries (U.S. Supreme Court; No. 06-1431)
Decision Date: May 27, 2008
The longstanding civil rights law, 42 U.S.C. section 1981, encompasses retaliation claims.
Gomez-Perez v. Potter (U.S. Supreme Court; No. 06-1321)
Decision Date: May 27, 2008
A federal employee who is a victim of retaliation due to the filing of a complaint of age discrimination may assert a claim under the federal-sector provision of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. section 633a(a).
Witt v. Dep't of the Air Force (Ninth Circuit; No. 06-35644)
Decision Date: May 21, 2008
In a suit brought against the Air Force challenging the "Don't Ask, Don't Tell" (DADT) policy after plaintiff was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman, dismissal of the suit for failure to state a claim is reversed in part where: 1) the DADT, after Lawrence v. Texas, 539 U.S. 558 (2003), must satisfy an intermediate level of scrutiny under substantive due process; and 2) such inquiry requires facts not present on the record before the circuit court.
news and issues
news and issues
The Working Class - Workplace Fairness E-newsletter for Class-Action Attorneys and Class Members
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2008 Workplace Fairness