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Insights

Jun 13, 2000 Employment Discrimination

Second Circuit Eases Burden of Proof of Discrimination Plaintiffs

The U.S. Court of Appeals for the Second Circuit in New York has recently eased the burden to be met by an employee claiming a discriminatory failure to promote. Mauro v. Southern New England Telecommunications, Inc., 2000...
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May 18, 2000 Labor Relations

Negotiating Gilmer Agreements in the Union Sector

In recent years, employers have been faced with an ever-increasing number of employment discrimination claims, including claims for violation of Title VII, the Americans with Disabilities Act (“ADA”), the Age...
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May 12, 2000 Employment Discrimination

Height And Weight Are Now Protected Categories In San Francisco

On May 8, 2000, San Francisco’s Board of Supervisors unanimously voted to pass legislation banning discrimination in housing and employment on the basis of height and weight. Mayor Willie Brown has signed the...
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Apr 25, 2000 Employment Discrimination

Second Circuit Holds That The ADA Does Not Require Employers to Provide Comparable Long Term Disability Benefits for Men

The U.S. Second Circuit Court of Appeals recently decided that a long term disability (“LTD”) plan which provides less generous benefits to those suffering from mental and emotional disabilities than to those...
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Apr 25, 2000 Employment Discrimination

Second Circuit Clarifies Employees’ Prima Facie Burden in Failure to Promote Cases

The U.S. Court of Appeals for the Second Circuit in New York has recently eased the burden to be met by an employee claiming a discriminatory failure to promote. Mauro v. Southern New England Telecommunications, Inc., 2000...
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Apr 21, 2000 General Employment Issues

Stock Option Forfeiture Based On Work For A Competitor Sustained By Ninth Circuit

As many out-of-state companies have learned to their regret, California (unlike virtually every other state) has a strong public policy against the enforcement of restrictive covenants in the employment context, such as...
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Mar 16, 2000 Employment Discrimination

Second Circuit Requires Disabilities Act Plaintiff to Demonstrate the Existence of a Reasonable Accommodation

The Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq. prohibits discrimination in the hiring, advancement or discharge of a “qualified individual with a disability.” A...
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Mar 15, 2000 General Employment Issues

California Establishes “Kin Care” Leave

As of January 1, 2000, employers in California who offer paid sick leave to their employees are required to allow those employees to use up to one-half of their yearly accrued sick leave to attend to a child, parent or spouse...
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Feb 01, 2000 General Employment Issues

Second Circuit Holds that Telephone Monitoring in the Employer’s “Ordinary Course of Business” Does Not Violate Federal Wiretapping Laws

On January 21, 2000, the U.S. Court of Appeals for the Second Circuit in New York affirmed summary judgment for an employer whose recording of employee telephone conversations had been challenged as a violation of federal...
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Jan 12, 2000 General Employment Issues

Termination for Refusal to Sign Non-Compete Leads to Million Dollar Verdict

On December 20, 1999, a jury in San Francisco awarded $180,000 in compensatory damages and $1,080,000 in punitive damages to a former employee who was terminated by reason of her refusal to sign a non-compete...
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