Employee Relations Law Journal articles from September 2003

Employee Relations Law Journal archives from September 2003

Reverse discrimination and the age act: General Dynamics v. Cline. .(Editorial)
September 22, 2003... This Fall the Supreme Court will hear a case which poses a very important issue under the Age Discrimination in Employment Act (ADEA): whether the ADEA prohibits "reverse discrimination," i.e., employer actions, policies, or practices that...

Whose case is it anyway?(class actions in employment discrimination claims)
September 22, 2003... Claims of employment discrimination are brought with increasing frequency as class actions, even where the plaintiffs complain of a wide variety of discriminatory actions and practices. This article argues that the ethical rules regarding...

How long is enough - leaves of absence as reasonable accommodation under the ADA.(Americans with Disabilities Act)
September 22, 2003... Courts have provided vague and often conflicting guidance as to what constitutes a reasonable accommodation under the Americans with Disabilities Act of 1990. Such guidance is particularly unsettling to employers when it instructs them that...

The swinging pendulum: moving from sexual harassment to respectful workplace relationships.
September 22, 2003... Sexual harassment continues to pervade both the public and private sectors of the workplace. To better appreciate employees' views of sexual harassment today, an MBA research assistant conducted an informal survey with supplementary personal...

Courts' treatment of ERISA claims brought by nonstandard workers.
September 22, 2003... The courts' treatment of the Employee Retirement Income Security Act (ERISA) benefit claims by workers asserting to have been incorrectly classified by their employers as independent contractors or employees of a third party have been quite...

The impact of Sarbanes-Oxley on tax-qualified retirement plans.
September 22, 2003... In the wake of Enron and other corporate financial meltdowns, participants lost millions of dollars in company stock held in their employers' tax-qualified retirement plans. Congress reacted and passed the Sarbanes-Oxley Act of 2002....

Civil rights for the aesthetically-challenged.(physical appearance discrimination)
September 22, 2003... Most of us are shameless "lookists." We have a natural preference for good-looking people over ugly ones, whether in the context of hiring employees, selecting a mate, or watching movies or television. To date, most employers have...

Delinquent 401(K) deposits: tough enforcement by the Department of Labor.
September 22, 2003... An individual who browses through the Department of Labor's DOL's) Media Releases cannot help but notice the number of actions brought by the DOL's enforcement agency to recover damages and interest for delinquent deposits to a 401(k) plan....

Supreme Court clarifies test for "employee" status under federal employment laws.(Clackamas Gastroenterology Associates v. Wells)
September 22, 2003... In Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S., S. Ct. (2003), the United States Supreme Court addressed the question of whether four physicians actively engaged in medical practice as shareholders and directors of a...

Levitz Furniture Company: NLRB introduces standards for employees to decide on continued representation by an incumbent union.
September 22, 2003... Employers and employees alike often ask about the possibility of removing an incumbent union from their company when it appears the union no longer has strong support among the employees it represents. This is important to employees who would...