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On May 21, 2001, Sen. Susan Collins (R-Maine) introduced legislation to exclude from taxable income amounts received for employment discrimination claims. If enacted, the Civil Rights Tax Relief Act of 2001 (S. 917) would...
May 24, 2001
Employment Discrimination
Second Circuit Rules Employee Protected from Retaliation for Investigating Harassment at Another Entity
Title VII of the Civil Rights Act of 1964 provides that an employer may not retaliate against any of its employees because they have filed a charge under Title VII, have opposed any practice made unlawful under Title VII,...
May 21, 2001
Employment Discrimination
Ninth Circuit Applies Title VII Harassment Defense To Claims Under California Law
The U.S. Court of Appeals for the Ninth Circuit in San Francisco has ruled that an affirmative defense available to claims of workplace harassment by supervisors under federal law (Title VII) also applies to such claims...
May 01, 2001
General Employment Issues
Exempt Employee Paid At An Hourly Rate While Working A Reduced Schedule For FMLA-Qualifying Reasons Not Eligible For Overtime Pay
The U.S. Court of Appeals for the Ninth Circuit Court of Appeals recently ruled that an injured employee’s reduced work schedule was properly characterized as protected, unpaid leave under the Family Medical Leave Act...
May 01, 2001
Employment Discrimination
Supreme Court Decision Provides More Support for Summary Judgment in Title VII Cases
In a per curiam decision dated April 23, 2001, the United States Supreme has reaffirmed the proposition that an “isolated incident” of arguably sexual banter cannot give rise to a viable sexual harassment claim...
Apr 17, 2001
General Employment Issues
Bush Administration Revokes Occupational Safety and Health Administration.s Ergonomic Rules
On March 20, 2001, President George W. Bush signed a bill repealing the Federal Occupational Safety and Health Administration’s (“OSHA”) ergonomic rules. This action by the President followed votes by both...
Apr 17, 2001
General Employment Issues
Proposed Federal Legislation Would Prohibit Arbitration Clauses Covering Statutory Employment Claims
On the heels of the United States Supreme Court’s ruling in Circuit City, Inc. v. Adams, No. 99-1379, proposed legislation has already been introduced in Congress to overturn the Supreme Court’s ruling....
Apr 15, 2001
Employment Discrimination
Title VII Requires Employers to Accommodate Religious Practices, Not Preferences
Under Title VII of the Civil Rights Act of 1964, employers are obligated to reasonably accommodate their employees’ religious practices. A recent decision by the U.S. Court of Appeals for the Fourth Circuit illustrates...
Apr 05, 2001
Labor Relations
NLRB Adopts New Standard Under Which Employers May Unilaterally Withdraw Recognition From Incumbent Union
For 50 years, the National Labor Relations Board (the “NLRB”) has held that an employer may lawfully withdraw recognition unilaterally from an incumbent union if the employer has a good faith doubt, based on...
Mar 22, 2001
General Employment Issues
Supreme Court Determines That The Federal Arbitration Act Applies To Employment Disputes
On March 21, 2001, a divided United States Supreme Court ruled that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, permits employers to require employees to arbitrate work-related disputes. Circuit City...