Posts from January 2014.

The U.S. Court of Appeals for the Fourth Circuit has come out with a decision interpreting the Americans with Disabilities Act Amendments Act that pretty much confirms all of our worst fears about the scope of that new law.

And I think the Court's legal analysis was 100 percent correct.

 

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Sorry, employers, but the Fourth Circuit nailed it.

 

The Fourth Circuit hears appeals from federal ...

Mister Ed.Alan_Young_Mister_Ed.JPGIf Joe tells co-worker Mary a dirty joke, Joe is probably in violation of the employer's no-harassment policy, right? And he risks being disciplined, or even fired, right?

Right.

But if Mary sues Joe for sexual harassment based on this one joke, her lawsuit will in all likelihood be thrown out of court, right?

Right.

That's because you can't sue over just any old thing, even if it's annoying ...

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"There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him that it is right."

A Testament of Hope: The Essential Writings and Speeches

 

Image credit: Wikimedia Commons (portrait by Betsy G. Reyneau, Donated Collections of National Archives and Records Administration).

UPDATE: On Friday, January 24, 2014, the jury came back with a verdict for Courtney Love, finding that she is not liable for her tweet about Attorney Rhonda Holmes.

Can you be liable for libel based on what you tweet on Twitter?

Well, why the heck not?

Courtney Love.256px-Courtneylovecarnegiehall2009.jpgYou may have read that Courtney Love, widow of Nirvana's Kurt Cobain, vocalist/guitarist/lyricist of Hole, and Mrs. Larry Flynt in The People ...

Do you believe Chris Christie?

Chris Christie.256px-Chris_Christie_at_townhall.jpgI thought the Governor did pretty well in his press conference yesterday, apologizing forthrightly for the George Washington Bridge debacle*, and taking decisive action against the allegedly guilty parties who had not already tendered their resignations.

*The Governor's Deputy Chief of Staff, Bridget Anne Kelly, allegedly conspired with New Jersey ...

I hope everyone had a happy holiday season. Now that we are into the nasty, brutish and short days of January (and especially for our friends suffering through Winter Storm Hercules), I will try to warm things up with a couple of weird-but-instructive sexual harassment cases.

 

Fireplace.512px-Fireplace-RM.jpgThe weather outside is frightful, but the fire's so delightful!


Our first case involves a type of harassment ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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