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Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

Tenth Circuit Decision Highlights Importance of Fitness For Duty Assessments Under ADA

The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

Eleventh Circuit Clarifies Legal Standard in EPA Pay Discrimination Case

The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work.  In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more

Fourth Circuit Finds Leave of Absence is Reasonable Accommodation Under ADA

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability.  One form of such discrimination is failing to provide reasonable...more

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

Fourth Circuit Addresses Question of Employer Knowledge in Title VII Retaliation Suit

Title VII of the Civil Rights Act of 1964 prohibits not only discrimination in employment on the basis of certain protected categories such as race, but also retaliation against an employee who opposes such discrimination....more

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