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HTMLEmployee's Failure to Participate in Interactive Process Dooms ADA Claim
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 16, 2015
A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit Court of Appeals, because she failed to participate in the...

 

HTMLFifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 6, 2015
In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In reaching its decision on the disability discrimination claim related...

 

HTMLSoftening of Cuba Sanctions Opens the Way for Some Travel and Trade
Lowell Sachs, Stephen H. Smalley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 27, 2015
As part of a broader, ongoing effort to forge closer relations with Cuba, the Obama administration has enacted a new set of regulations intended to facilitate certain forms of authorized travel to Cuba. The regulations, which were published on January 16, 2015, in the Federal Register, also loosen...

 

HTMLNew Jersey Supreme Court Reshapes Sexual Harassment Claims
Carmen J. DiMaria, Mark Diana, Thomas J. Rattay; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 12, 2015
On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD). The court’s decision in Aguas v. State of New Jersey (A-35-13,...

 

HTMLNew Year's Resolutions for the California HR Manager
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 16, 2015
So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider adding a few on the human resources front. Below are a few recommendations for HR...

 

HTMLPhiladelphia Mayor Signs New "Promoting Healthy Families and Workplaces" Ordinance
Richard W. Diaz, Julie Donahue; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 16, 2015
On February 12, 2015, Philadelphia Mayor Michael Nutter signed legislation requiring certain employers in the city of Philadelphia to provide up to five days of paid sick leave each calendar year to their employees. The ordinance, titled “Promoting Healthy Families and Workplaces,” goes...

 

HTMLSupreme Court Delineates Federal Whistleblower Protections in TSA Disclosure Case
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 27, 2015
On January 21, 2015, the Supreme Court of the United States decided whether a federal air marshal, who publicly disclosed that the Transportation Security Administration (TSA) had decided to cut costs by removing air marshals from certain flights, was entitled to whistleblower protection. According...

 

HTMLCity of Chicago Expands "Ban the Box" Law to Smaller Employers and City Agencies
Colleen G. DeRosa; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 8, 2015
Effective January 1, 2015, the City of Chicago expanded the coverage of Illinois’s “ban the box” law within city limits. The amended Human Rights Ordinance, Section 2-160-010 of the Municipal Code of Chicago, effectively makes Illinois’s Job Opportunities for Qualified...

 

HTMLPresident Obama Proposes Legislation Requiring Businesses to Notify Customers of Data Security Breaches Within 30 Days
Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 13, 2015
In a speech given before the Federal Trade Commission (FTC) on Monday, January 12, President Obama proposed federal legislation that would impose a nationwide standard on companies that experience a data security breach. The proposed Personal Data Notification and Protection Act would require...

 

HTMLMandatory Retirement Plans in Illinois
Karen N. Brandon, Aimee E. Dreiss; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 5, 2015
Is Illinois the precursor to mandatory retirement savings programs across the country the way that Massachusetts was for mandatory health care? Illinois has become the first state to require that private-sector employers offer their employees retirement benefits. The Illinois Secure Choice Savings...

 


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