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IAML Insights

May 25, 2018

When an employment discrimination case goes into litigation, two of the very first things an attorney will want to see is the charge of discrimination that was filed by the employee and the response that was provided by the employer. If the employer initially responded to the investigating agency without the help of legal counsel, mistakes or...

May 24, 2018

Yesterday, in a narrow, 5-4 partisan decision, the Supreme Court issued its most anticipated employment decision of its current term, Epic Sys. Corp. v. Lewis [pdf]. The Court reconciled six years of debate between split federal circuits into a unified standard that permits the waiver of class actions via the compelled...

May 22, 2018

In a significant win for employers, the United States Supreme Court has issued a landmark decision upholding the use of class action waivers in employment arbitration agreements.  This ruling permits employers across the country to enforce individual arbitration agreements with employees, even where the agreement requires an employee to...

May 18, 2018

I'm gonna say no. But yes, if you believe Katherine Goldstein of The New York Times. In "The Open Secret of Anti-Mom Bias at Work," she provides an anecdote about a female, feminist boss -- of all people -- who fired a pregnant employee based on her perception that the employee was "distracted" by the pregnancy and insufficiently "...

May 15, 2018

Who has the burden of proof in an ADA reasonable accommodation case? The employee, to prove a lack of an accommodation, or the employer, to prove the unavailability of an accommodation?  In Snapp v. BNSF Railway, the 9th Circuit Court of Appeals re-affirmed that the burden squarely rests on the shoulders of the employee. Snapp, a...

May 15, 2018

What a maroon. One of the oldest tricks in the book for trying to foil a drug test is to get someone else's "clean" sample of urine and substitute it for your own, "dirty," sample. There's only one problem with that trick -- the testing facilities are all onto it. And have been since, roughly, 1993. It's standard operating procedure for the...