McGhee v. Pathmark Stores, Inc., No. ATL-L-2459-08 (Law Div., August 23, 2010) – A New Jersey trial court has ruled that the plaintiffs in an LAD case seeking emotional distress damages cannot be forced to undergo psychological examinations. The defendant sought to have the plaintiffs examined to rebut their claims of anxiety and high blood pressure resulting from alleged racial harassment. Atlantic County Superior Court Judge Joseph Kane held that the LAD has been liberally construed to create an expansive remedy, and that emotional distress is a “recognized byproduct of discrimination” under the statute. The judge therefore found that the plaintiffs did not put their mental state “at issue” when they alleged pain and suffering as a component of damages. As this decision comes from a trial level court, it is not binding on any other courts.
Today, the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions conducted an oversight hearing titled, “What Should Workers and Employers Expect Next From the National Labor Relations Board?” The witnesses represented labor and management perspectives. As background for the oversight hearing, in a June 23 press release the…..
U.S. Citizenship and Immigration Services (USCIS) has announced that, as of May 25, 2012, it has received a total of approximately 65,900 H-1B cap filings for employment in FY 2013: 48,400 petitions have been receipted against the “regular cap” of 65,000, and 17,500 H-1B petitions have been receipted against the “Master’s cap” of 20,000 for
The Department of State recently announced instructions for the fiscal year 2011 (FY 2011) diversity lottery for permanent residence (“green card”). The application period begins at 12:00 p.m. Eastern Daylight Time (EDT, GMT –4) on Friday, October 2, 2009 and will end at 12:00 p.m. Eastern Standard Time (EST, GMT –5) on Monday, November 30, 2009.