Retail Labor and Employment Law

Retail Labor and Employment Law

News, Updates, and Insights for Retail Employers

Monthly Archives: May 2011

Posted on by Epstein Becker & Green, P.C.

New Regulations Make ADA Claims More Accessible

by Teiko Shigezumi and Carrie Corcoran

The EEOC recently published its long-awaited final regulations (the “Regulations”) and interpretive guidance for the Americans with Disabilities Act Amendments Act (the “ADAAA”), which became effective on January 1, 2009.  The Regulations significantly alter the analysis of “disability” under the Americans with Disabilities Act (“the “ADA”) and reflect Congress’ intention to expand the ADA’s coverage.  The ADAAA retained the ADA’s definition of “disability” as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. … Continue Reading

Posted on by Peter Panken

Why Doesn’t the Supreme Court Provide a Pathway Through the Morass of Retaliation Law?

The EEOC has reported that it receives more charges of retaliation than any other type of employment discrimination charge, and that there are thousands of cases involving allegations of illegal retaliation filed every year.  Retaliation is often prohibited by statute, but the Supreme Court has expanded the scope of actionable retaliation lately, holding that there was a cause of action for retaliation even though the statute in question did not expressly cover the situation at issue.

The Fair Labor Standards Act (FLSA) prohibits discrimination against an employee “because such employee has filed any complaint” under the Act.  In Kasten v.… Continue Reading

Posted on by Peter Panken

Be Prepared for New EEOC Enforcement Efforts

At the recent ALI-ABA program on Advanced Employment Law and Litigation, two high level officials of the Equal Employment Opportunity Commission spoke on the major issues that will face employers at their agency this year.

One emphasis will be in the field of disability discrimination. The EEOC has issued new regulations which auger an increase in claims and cases in this area.  The definition of disability is now so broad that there may be few employees who do not reach that threshold, whether the disability is temporary, or the employee has recovered or is “regarded as” having the disability.  The … Continue Reading

Posted on by Epstein Becker & Green, P.C.

Welcome to the Employer Defense Law Blog

This blog is dedicated to a discussion of many of the different areas of employment law confronted by employers in today’s workplace – and the changes regularly occurring there.

Perhaps more than ever before, change happens rapidly in the workplace.  In part, change has occurred because of changes in technology.  Not long ago, the notion of drafting a social media policy to govern employees’ postings on the Internet was unimaginable.  Now, employers grapple with such policies and their consequences.

Change also comes to the workplace because of changes in administrations.  During the last two years, the administration in Washington has … Continue Reading

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