Pastor v. Partnership for Children’s Rights, 10-cv-5167 (E.D.N.Y. Sept. 27, 2012): In this discrimination case, the Partnership for Children’s Rights sought to dismiss the complaint on the grounds that it was not an “employer” under Title VII of the Civil Rights Act and the Americans with Disabilities Act because it had less than 15 employees. The court dismissed the case and rejected the plaintiff’s argument that the defendant’s volunteers and interns worked as “employees.” The court reasoned that the volunteer attorneys were not employees because they received only continuing legal education courses and training, which were “not the type of substantial job-related benefits that give rise to an employment relationship.” The defendant’s interns also were not employees because any stipend or school credit the interns received came from their educational facility, and not from the defendant.
In a case that adds to a split among federal appellate courts, the 7th U.S. Circuit Court of Appeals has held that a company’s insistence on an employee being “100% healed” after a medical leave does not necessarily support the employee’s legal claim under the Americans with Disabilities Act (ADA). Powers v. USF Holland, Inc.,
Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap Discrimination Claim
On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the Massachusetts Fair Employment Practices Act.
General Electric PRL Training – “Are You Ready for the Ambush? The NLRB’s New Election Rules & Beyond” – Point Clear, Alabama – February 25, 2015