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.
The Council of the District of Columbia passed the Wage Theft Prevention Amendment Act (WTPAA) of 2014 which then mayor Vincent C. Gray signed in September 2014. Pursuant to the District of Columbia Home Rule Act, this legislation is now under congressional review. This review process is beneficial in this…..
A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit Court of Appeals, because she failed to participate in the interactive process in good faith. EEOC v……
This morning, the U.S. Supreme Court, in a per curiam opinion, ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA). The Court vacated a decision made by the state high court, ruling that noncompetition agreements in two employment contracts were…..