Saturday, March 28, 2015
- Seyfarth Shaw issued a “Client Alert” in response to the Supreme Court’s decision in Young v. UPS that “employers should strongly consider adopting practices that consider accommodation of women with ‘normal’ pregnancies'”
- Ninth Circuit: The court reversed $59,892 attorney’s fee award to defendant in ADA Title III claim, holding that one of plaintiff’s claims was not frivolous because it was not clearly resolved by the Ninth Circuit’s prior caselaw, another was not frivolous even though it was rendered moot by defendant’s voluntary remediation, and another was not frivolous simply because plaintiff based his ADA claim on a state law requirement that is not present in the ADA
- Seventh Circuit: In reversing summary judgment for employer on complaint that employer retained less qualified white employee during layoff than plaintiff because of her race, the court, Posner, J., held that “district judge himself, by emphasizing his belief that the defendants’ witnesses had been ‘honest,’ implied correctly that if they were liars a reasonable jury could conclude that [plaintiff’s] race had been a decisive factor in the decision to prefer [the white employee] over her”
- US District Court ME: In adopting Magistrate’s decision enforcing settlement agreement, the court held, in part, that agreement to settle the case for $15,000 plus a confidentiality provision, non-disparagement provision, and no-contact provision was not too vague to be enforced
- Maine Legislature: LD 1101, An Act to Adopt a Retail Workers’ Bill of Rights, would require two weeks’ prior notice of work schedules to employees, with compensation owed for schedule changes under certain circumstances; paying part-time employees the same wage as full-time employees; providing part-time employees the same paid or unpaid time off as full-time employees; providing part-time employees the same eligibility for promotions as full-time employees; and offering additional work to part-time employees before hiring new employees or using contractors or temporary staffing services under certain circumstances
- MHRC: Amended April 27th Commission Meeting Agenda posted