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Legal Updates Archive

Published Before November 23, 2015

The content in the following publications is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these publications may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these publications without discussing your specific situation with legal counsel.

Finally - OFCCP Issues Final Rule on Internet Applicants for Federal Contractors!


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Authored by Sara J. Ackermann, October 23, 2005
The Office of Federal Contract Compliance Programs ("OFCCP") has issued its final regulations regarding recordkeeping requirements for Internet applicants. Federal Register, Vol. 70, No. 194 (Oct. 7, 2005). The following is an outline of the new…

Seventh Circuit Affirms $175,000.00 Award for Emotional Distress in Title VII Claim Despite Employees Lack of Medical Evidence


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Authored by Sara J. Ackermann, September 22, 2005
On September 7, 2005, the United States Court of Appeals for the Seventh Circuit affirmed a district court decision that had awarded $175,000 to a Hispanic woman who claimed she was wrongfully denied a promotion by the City of Chicago. Deloughery v. City…

Wisconsin Labor and Industry Review Commission Rejects Faragher/Ellerth Defense


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Authored by Sara J. Ackermann, June 9, 2005
In a recent decision, the Wisconsin Labor and Industry Review Commission (LIRC) expressly rejected the Faragher/Ellerth defense that the Supreme Court articulated for employers in its infamous 1998 decisions.   In Faragher v. City of Boca Raton, 524…

Important IRS Guidance Allows a Second Chance for Flexible Spending Account Participants Before Application of "Use It or Lose It" to Unspent Funds


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Authored by Mary Ellen Schill, May 19, 2005
On May 18, 2005, the IRS issued a notice which provides significant relief from the "use it or lose it" rule which applies to amounts set aside in flexible spending accounts. Prior to this new guidance, only expenses incurred during the plan year could be…

Government Employees First Amendment Right to Free Speech Involving Their Employment Must Give Rise to a Public Concern in Order to be Protected

May 19, 2005
The First Amendment of the United States Constitution provides that "Congress shall make no law ... abridging the freedom of speech." Inherent in the right of free speech is the right to criticize the government for the actions that effect its citizens.…

Seventh Circuit Finds Sexual Comments Are Inappropriate But Not Harassment


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Authored by Sara J. Ackermann, May 12, 2005
Rhonda Moser sued her employer for sexual harassment. In her claim, she alleged a male co-worker "harassed" her, and she cited several specific examples of his behavior. Specifically, she alleged that her co-worker: talked "down to her;" made…

The U.S. Supreme Court Permits Claims Under Title IX for Retaliation Against Employee Based On Complaints of Sex Discrimination

April 4, 2005
In a 5-4 decision, the U.S. Supreme Court recently held in Jackson v. Birmingham Board of Education that Title IX's private right of action encompasses claims of retaliation against an individual that complained about sex discrimination. Roderick Jackson…

U.S. Supreme Court Makes It Easier For Employees To Bring Age Discrimination Claims


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Authored by Sara J. Ackermann, April 1, 2005
Consider the following scenario: due to a recent decline in sales, your company is forced to layoff several of its employees. Two of the older employees affected by the layoff, John Jones and Jane Smith, threaten to sue your company for discrimination in…

Employer Must Give 60 Days Notice Where Layoff is Reasonably Foreseeable

March 24, 2005
The WARN Act requires that an employer give 60 days notice to employees before laying them off. An exception to this rule is where the business faces "unforeseen business circumstances." A business circumstance may be reasonably unforeseeable if it was…

Employer Violates NLRA by Attempting to Defeat Union Election by Promise of Improved Benefits

March 24, 2005
In NLRB and Graphic Communication Union v. Curwood, Inc., the employer, Curwood, was alleged to have violated the NLRA when it attempted to counter a union campaign by promising improvements in its pension benefits to employees in the voting unit. As a…