Employment Law Archives - Page 14 of 17 - Parks Chesin & Walbert
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The Vanishing Jury Trial in Employment Litigation

By

A. Lee Parks and Edward D. Buckley

The civil jury trial is “the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” – Thomas Jefferson

The Seventh Amendment contains an unmistakable mandate, derived from our Founding Fathers’ vision of freedom, that the “right of a trial by jury shall be preserved.”   Congress passed the Civil Rights Act of 1991, taking the fact finding inherent in Title VII and Americans With Disabilities Act actions away from District Court Judges, particularly regarding claims for emotional injury and punitive damages, placing it in the purview of the American jury.

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Social Media In Litigation

Are you one of the 1 billion people who has a Facebook account, or one of the 230 million who use Twitter?  Have you ever thought about how your social media activity could come into play if you found yourself in a lawsuit?  If you answered “no,” you’re not alone.  Many social media users use their accounts to post about work-related matters, never considering the possible ramifications, from being fired for internet speech, to having your own posts used against you, to being sanctioned for deleting social media accounts during litigation.  Social media often takes a starring role during employment litigation, and courts have struggled to keep up with technology, resulting in numerous and often conflicting legal opinions about the relevance, privacy, and burden of producing social networking information.

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ADA Covers Accommodations Not Tied to Essential Job Duties

The Americans with Disabilities Act (“ADA”) prohibits covered employers from discriminating against employees on the basis of disability.  That prohibition requires an employer to provide “reasonable accommodation” to disabled employees, unless doing so would cause undue hardship.  The burden is on the employee to request accommodation and make it known to the employer that the request is for a reason related to the employee’s disability or medical condition.  But the employee need not reference the ADA, use any particular magic language (including the phrase “reasonable accommodation”), or request a specific form of accommodation.  And the burden is on the employer to demonstrate that providing the accommodation would impose undue hardship.

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Does A Georgia Employer Have To Provide Sick Leave To Employees?

Earlier this week, Jersey City, New Jersey Mayor Steven Fulop signed a city ordinance that requires employers to provide sick leave to their employees with sick time – paid sick time if the employer has 10 or more employees, unpaid sick time for smaller employees at smaller businesses.  You can read the full ordinance here.  Many people have asked why such an ordinance is necessary, assuming that the law already requires employers to allow employees limited time off work when they are sick.

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I’m a Target of Sexual Harassment, What are My Options?

Sexual harassment is defined as any unwanted advances of a sexual nature that come from a person within the workplace. This individual can be a supervisor, a co-worker or even a patron of the facility. The main factor that makes a situation sexual harassment is the fact the advances are offensive and unwanted. If you are a target of sexual harassment, you will want to know what options you have for ending the activities. The following are the steps that one can take to resolve the issue:

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What is Equal Pay for Equal Work?

“Equal pay for equal work.” It’s a phrase you hear all the time. But what does it mean? It can refer either to wage-based discrimination or the violation of contract terms requiring pay parity among certain classes of employees.

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