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Summary judgment premature in discrimination, wrongful discharge suit in light of employer’s stonewalling tactics in discovery

March 4th, 2011

A district court erroneously granted summary judgment in favor of Merck in a wrongful discharge, discrimination, and breach-of-contract action brought by a former sales manager under Puerto Rico law, the First Circuit held (Baltodano v Merck, Sharp & Dohme (I.A.) Corp, March 3, 2011, Thompson, O.R). Because the employer’s dilatory tactics prevented the plaintiff from [Read more...]

Expert says office pools can be used to boost morale, but productivity expectations must be clear

March 4th, 2011

As NCAA basketball fans begin to research ESPN for information that could prove useful for their brackets — many on company time — employers are voicing concerns that the madness surrounding bracketology will cause declines in productivity. But Claire Simmers Ph.D., chair and professor of management at Saint Joseph’s University in Philadelphia, believes that if [Read more...]

Employer’s “one-strike rule” denying employment to applicants who test positive for drug or alcohol use did not have an unlawful disparate impact on rehabilitated drug addicts

March 3rd, 2011

Rejecting disparate treatment and disparate impact claims brought under the ADA and California Fair Employment and Housing Act (FEHA) by a former drug addict who was denied a longshoreman’s job, a divided Ninth Circuit panel upheld the Pacific Maritime Association’s “one-strike rule,” which automatically eliminates from consideration job applicants who test positive for drug or [Read more...]

Talent shortages emerge as top barrier to growth as business leaders shift their focus to globalization, innovation and expansion

March 3rd, 2011

Bersin & Associates, on March 2, announced that for the first time in almost three years, talent shortages are cited by more than 50 percent of business leaders surveyed as a key challenge as attention shifts from cost cutting to globalization, innovation, skills development, and rebuilding business growth as the economy improves.
These findings are discussed [Read more...]

Supreme Court: Proximate cause analysis applied to USERRA “cat’s paw” case; Seventh Circuit decision using “singular influence” standard overruled

March 2nd, 2011

If a supervisor performs an act motivated by anti-military animus, and if that act is a proximate cause of the ultimate adverse employment action, then the employer is liable under USERRA, the Supreme Court held today, in ruling on a case in which a U.S. Army reservist relied on the “cat’s paw” theory of liability [Read more...]