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Passing a DOT medical exam is a ‘marginal function’ of the job?

April 10 2014 In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department…

Be careful how you treat employees after a complaint of harassment is made

July 3 2014 Recently, the Tenth Circuit Court of Appeals issued a decision inBarrett v. Salt Lake County that emphasized the importance of not retaliating…

Trade secrets vs. patents

April 17 2014 How do you determine whether technology-related information will have more value as a trade secret or a patent? Both protection strategies have…

The Cape Town Convention: an evolving process (with a side note on non-citizen trusts)

June 5 2014 This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests…

Lifting restrictions weigh down employees' ADA claims

August 6 2014 Two recent court decisions considered whether employees who had permanent lifting restrictions were "qualified individuals" entitled to relief under…

Amended executive orders expand employment discrimination prohibitions

August 31 2014 Since 1974 - just 10 years after Title VII of the Civil Rights Act of 1964 was passed - Congress has made repeated attempts to introduce and pass…

EEOC amps up attack on background checks

August 12 2014 On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction…

Employee fired for failing to cooperate with FMLA leave approval process

August 11 2014 Managing employees' FMLA leave can be one of the most challenging and frustrating responsibilities for an HR department. So what can an employer do…

For goodness sake! Taking cause-related marketing rules to heart

August 11 2014 Whether it's an organization that is close to the CEO's heart, a response to a local tragedy, or a PR move to distract from some unpleasant news…

Lifting restrictions weigh down employees' ADA claims

August 6 2014 Two recent court decisions considered whether employees who had permanent lifting restrictions were "qualified individuals" entitled to relief under…