Articles

With the United States Supreme Court’s term having recently come to a close, the Court has issued an opinion concerning what an employee must prove to prevail in a retaliation lawsuit for discrimination based upon the protected classes of race, color, religion, sex...

Under the federal discrimination laws, such as Title VII of the Civil Rights Act, courts have reached different conclusions as to whether a particular employee was a “supervisor.” The distinction is important. In a workplace harassment suit under Title VII, where an...

The remedies available to employees in employment discrimination cases depend in large part on the facts presented and the statutes allegedly violated. Employees generally have multiple forms of relief at their disposal, including back pay and lost wages;...

Traditionally, non-compete agreements have included a geographic scope to protect an employer’s customer contacts and goodwill. The general rule is that non-compete agreements are enforceable to the extent they can be narrowly tailored geographically and temporally,...

The Family Medical Leave Act (“FMLA”) and short-term disability are separate and distinct forms of protection for employees who encounter medical problems.  However, because employees generally use their short-term disability in conjunction with their FMLA leave,...

A mammography technician, who has epilepsy, suffered numerous seizures during her work at a hospital. One seizure caused her to fall and resulted in a head wound requiring staples. Two other seizures occurred in the presence of patients receiving mammograms. A patient...