June 2008

I'm heartened to report three decisions yesterday all reversing summary judgment against employees: the Third Circuit applying the Holowecki decision in an ADEA case; the Tenth Circuit sending an ADA "regarded-as" case back for trial; and a straight-up race...

I turned off the blog while I was away from the office, but could not resist a word or two about the Supreme Court's recent decisions, which carry on the continuing dialog of what kind of statute the ADEA is meant to be.   Kentucky Retirement Systems v. EEOC, No....

I am refreshed by two weeks in Newfoundland, and ready to return to my beat.  This past week, we have two cases addressing the confidentiality of employer documents:  a retaliation action in the Sixth Circuit, where the asserted protected activity was a class member...

Today, we have back-to-back Rehabilitation Act claims, both concerning mental disabilities -- the toughest nut to crack in the disabilities field -- and both reversing summary judgment decisions against plaintiffs. The first is a case from the Sixth Circuit: a...