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  • EEOC Wins Record $240 Million Award in ADA Case

    On May 1, 2013, a jury awarded in excess of $240M in damages to the EEOC in an action brought on behalf a group of 32 men with intellectual disabilities. It is the largest monetary award in the history of the agency. The employees had worked at the company, a turkey processing plant in…

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  • Leave from Work May Be Reasonable Accommodation Under FEHA after Exhausting PDLL Leave in California

    Recently, the California Court of Appeal rendered an opinion in a case of first impression, Sanchez v. Swissport, Inc., 2213 Cal. App. 4th 1331 (2nd Dist. 2013). The court concluded that California’s California’s Fair and Employment Housing Act (FEHA) may require more disability leave for pregnant women than the Pregnancy Disability Leave Law (PDLL)….

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  • Seventh Circuit overturns district court’s dismissal of ADA discrimination and retaliation claims.

    On April 9, 2013, the Seventh Circuit issued its decision in Cloe v. City of Indianapolis, No. 12-1713 (7th Cir. Apr. 9, 2013), overturning the district court’s granting of summary judgment to the City. Ms. Cloe, who had multiple sclerosis (“MS”), alleged among other things that the City of Indianapolis discriminated against her on…

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  • April 9 is Equal Pay Day

    April 9 is Equal Pay Day, marking the additional time the average American woman must work in order to earn the same amount as her male counterpart during the previous year. In 1963, Congress passed the Equal Pay Act in order to remedy the wage disparities between men and women performing substantially equal work….

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  • C&S receives approval to pursue tort claim against FMLA third party benefits administrator

    Recently, Judge Ronald A. Guzman declined to grant summary judgment for either party in Arango v. Work & Well, Inc., No. 11-cv-1525. Instead, in an opinion that appears to be the first of its kind, the Court held that Arango may proceed to trial on his claim of tortious interference against Work & Well,…

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  • 7th Circuit Affirms Successor Liability in FLSA Case

    On March 26, 2013, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in Teed v. Thomas & Betts Power Solutions, LLC, allowing successor liability under the FLSA to attach to a company that had not committed the wage violations at issue. In Teeds, the plaintiffs initially sued their employer, J.T….

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  • Overturning DOMA may affect FMLA rights for same-sex couples

    On March 27, 2013, the Supreme Court heard oral argument in U.S. v. Windsor, a case challenging the constitutionality of the Defense of Marriage Act (“DOMA”), which defines marriage as being between a man and a woman for purposes of all federal benefits. Thus, a wide array of federal benefits is likely to become…

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  • The Family and Medical Leave Act Turns Twenty

    The Family and Medical Leave Act (“FMLA”) marked its 20th anniversary last month. On February 5, 1993, President Bill Clinton signed the FMLA into law. Over the past two decades, the law has proven to be one of the most important and impactful employee rights provisions in existence. The FMLA provides unpaid, job-protected time…

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  • New Bill introduced that could expand FMLA rights to part-time employees.

    The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid leave for their own or a family member’s serious health condition or the birth of a child. However, in order to be eligible for FMLA leave, an employee must have worked for their employer for at least 12…

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  • U.S. Department of Labor Orders Railroad Company to pay $1.1M for Whistleblower Retaliation

    On February 28, 2013, the United States Department of Labor announced that it has ordered Norfolk Southern Railway Company to pay over $1M to 3 employees after an investigation concluded that the railroad company retaliated against the employees for reporting on the job injuries. Each of the workers suffered an injury while working, and…

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