| Supreme Court: No per se rule blocking “me, too” evidence of employment discrimination |
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February 27, 2008 Link
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The Supreme Court issued a decision Tuesday in Sprint/United Management Co. v. Mendelsohn (No. 06-1221, Feb. 26, 2008), clarifying the rules governing “me, too” evidence in employment discrimination cases. Submitted by Dan Smith.
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| Wellness Program Checklist |
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February 26, 2008 Link
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The Health Insurance Portability and Accountability Act ("HIPPA") generally prohibits a group health plan or group health insurance issuer from charging an individual a higher premium than a similarly situated individual based on a health factor such as health status, genetic information, or medical history. Submitted by Joy Stransky.
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| Business Trip “Guest” Has No Claim For Injuries Unless His Presence Served A Business Purpose |
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February 25, 2008 Link
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It is not unusual for a non-employee to accompany an employee on a business trip. Submitted by David Hoskins.
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| Sixth Circuit Decision expands claims of HWE and retaliation based on coworker conduct |
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February 19, 2008 Link
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The Sixth Circuit issued a troubling decision today expanding employer liability for claims of hostile work environment and retaliation. Submitted by Christine Robek.
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| Employer That "Does Business" In Kentucky Subject To Kentucky's Wage & Hour Statute |
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February 13, 2008 Link
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In Himmelheber v. ev3, Inc., a Kentucky federal court ruled that Kentucky's Wage and Hour statute has application even to non-resident employers and employees. Submitted by David L. Hoskins.
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| Misappropriation of Trade Secrets by Memorization of Client List |
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February 6, 2008 Link
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Client list does not lose trade secret protection merely by being memorized. Submitted by Jeff Teeters.
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| Congress Considers ADA “Restoration Act” |
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February 4, 2008 Link
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The U.S. House of Representatives is planning to consider the “Americans with Disabilities Act Restoration Act of 2007”, an amendment to the Americans with Disabilities Act of 1990 (ADA). Submitted by Neal Shah and Catherine Reed.
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| Congress Introduces Civil Rights Act of 2008 |
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February 4, 2008 Link
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Senator Edward Kennedy (D-MA) and Representative John Lewis (D-AL) recently introduced the Civil Rights Act of 2008 to Congress. Submitted by Neal Shah and Catherine Reed.
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| Age Discrimination Claim Dismissed Because Plaintiff Was Not "Replaced" After Discharge |
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February 4, 2008 Link
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A required element in almost all age discrimination cases is that a discharged plaintiff must present evidence that -- after his discharge -- he was replaced by a significantly younger person. Submitted by David L. Hoskins
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| Kentucky Whistleblower Act Does Not Apply To Municipalities |
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February 4, 2008 Link
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The Eastern District of Kentucky recently held that Kentucky's Whistleblower Act, KRS 61, does not apply to municipalities because they are not "political subdivisions of the Commonwealth." Submitted by David L. Hoskins.
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