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The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats).  Prior to filing a lawsuit under Title III of the Americans with Disabilities Act, the bill requires potential plaintiffs to provide businesses with both notice of architectural barriers as well as an opportunity to remove them during a cure period. Given the recent surge in the number of…
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a jury verdict in favor of a former Alabama police officer on her pregnancy and Family and Medical Leave Act (FMLA) claims. Hicks v. City of Tuscaloosa, Ala., No. 16-13003 (11th Cir. Sept. 7, 2017). The Eleventh Circuit held that the Pregnancy Discrimination Act (PDA) bars bias against breastfeeding mothers and affirmed an award of $161,319.92 plus costs and attorneys’ fees to the plaintiff. Former…
Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal relationship to his prior FMLA leave (or any potential future need for FMLA leave); and (2) the employer’s initial denial of FMLA leave was justified based on the plaintiff’s failure to provide sufficient medical documentation justifying his wife’s “serious…
Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA.  For instance, businesses operating in New York must use the disability access symbol designated by the state, but the U.S. Access Board (which sets standards of accessibility for federal agencies and drafts the ADA Accessibility Guidelines that the Department of Justice (DOJ) incorporated into its ADA Title III regulations) recently issued guidance that…
The Wall Street Journal on line has taken a recent interest in non-competes in a pair of recent one-line articles (protected by pay wall) on August 12 and August 14, 2013. Both pieces cite to a study commissioned by the Journal showing that the number of lawsuits filed over non-competes went up 60 percent between 2002 and 2012 (from about 475 to 760). In “Litigation Over Noncompete Clauses is Rising,” authors Ruth Simon and Angus Loten…
Plaintiff pro se Linda Eagle, the former president of banking education company Edcomm, Inc. ended up empty handed even though she prevailed on the merits of her claims of invasion of privacy by misappropriation of identity in her federal lawsuit filed over the alleged hijacking of her LinkedIn account by her former employer following the termination of her employment. As indicated in our prior blog post, Edcomm was acquired by another company and subsequently terminated Eagle, along with…
A federal court in the Northern District of Mississippi has allowed a plaintiff in an employment law dispute to conduct an on-site inspection for purposes of videotaping the machine which he formerly operated in Morton v. Cooper Tire & Rubber Co., (N.D. Miss. Dec. 10, 2012). Morton, an amputee with a prosthetic leg, asserted that he  was denied a reasonable accommodation a claim under the Americans with Disabilities Act and then constructively discharged.  Morton asserted he could do the job if…
Our contributor John A. Snyder writes on the Jackson Lewis website about an interesting decision out of the Eighth Circuit involving an executive of Hallmark Cards, Inc. who was ordered to pay back $735,000 in severance benefits and an additional $125,000 she earned at a competitor because she disclosed information about Hallmark’s processes and market research in violation of her separation agreement. The case also involved findings that the executive deliberately destroyed computer files and an…
Last December, PhoneDog, a mobile phone website, sued Noah Kravitz, after he resigned from the company, alleging that he improperly took control of his Twitter account and approximately 17,000 Twitter followers when he left. While at PhoneDog, Kravitz’s Twitter account was @PhoneDog_Noah. After he left, Kravitz changed the account to @noahkravitz but kept his followers. PhoneDog did not have a written policy regarding ownership of the Twitter account. PhoneDog sued Kravitz after he left, seeking…
 The U.S. Department of Justice has filed an antitrust lawsuit against eBay, Inc. in the United States District Court for the Northern District of California.  The suit, filed on November 16, 2012, claims that eBay violated antitrust laws by entering into an agreement not to hire or recruit the employees of a competitor, Intuit, Inc. The DOJ asserts that the agreement eliminated competition in the marketplace, stifling access to better job opportunities and salaries of affected…