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Blog Posts in August, 2011

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  • Employer Must Conduct An Individualized Inquiry Of Actual Disability
    Employer Must Conduct An Individualized Inquiry Of Actual Disability

    In a recent case, the 6th Circuit Court of Appeals overturned a jury verdict where an employer failed to take the proper steps under the Americans with Disabilities Act (ADA). In Jones v. Nissan N. ...

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  • Nixon-Tinkelman v. New York City Dep't of Health and Mental Hygiene Determines Employer May Be Required To Help With Commute Under The ADA
    Nixon-Tinkelman v. New York City Dep't of Health and Mental Hygiene Determines Employer May Be Required To Help With Commute Under The ADA

    The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) prohibit disability discrimination against individuals with a disability in the terms and ...

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  • Appeals Court Determines Police Sergeants And First-Responders Entitled To Overtime Pay in Edward Mullins et al v. City of New York
    Appeals Court Determines Police Sergeants And First-Responders Entitled To Overtime Pay in Edward Mullins et al v. City of New York

    In a precedent setting wage and hour case, the U.S. Court of Appeals for the 2d District determined that New York City police department sergeants were entitled to overtime pay. In Edward Mullins et ...

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  • Trial Court Definition Of Retaliation Too Narrow In Millea v. Metro-North R.R. Co.
    Trial Court Definition Of Retaliation Too Narrow In Millea v. Metro-North R.R. Co.

    In a recent Second Circuit Court of Appeals decision, the court determined that a trial court had erred when it issued jury instructions that too narrowly defined what retaliation means. In Millea v. ...

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  • Short Time Span Between Deposition and Disciplinary Action Support Claim of Retaliation
    Short Time Span Between Deposition and Disciplinary Action Support Claim of Retaliation

    Under Federal law, retaliating against an employee for complaining of discrimination – or being a witness in another’s claim of employment discrimination – is prohibited. A recent case examined just ...

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