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  • Harassment in the Workplace, ALI-ABA Course of Study
    This chapter provides an overview of harassment employment law claims under Title VII and Section 1981, with an emphasis on sexual and racial harassment claims, and a briefer presentation of concurrent state civil rights remedies.

  • Keeping the Employee Working: Reasonable Accommodations and Leave Requirements
    The basic principle underlying the reasonable accommodation provision of the disability laws is to keep qualified employees working. Often, however, the accommodation requested is in the form of leave, which will allow an employee to seek the treatment or rest necessary to return to work and perform the essential functions of the job. Requesting or taking leave from work to address a serious medical condition implicates both federal and state disability laws, as well as federal and state family and medical leave laws. Developing a solid understanding of both the Americans with Disabilities Act and the Family and Medical Leave Act and understanding in particular the overlap that occurs between the two statutes (and their state counterparts) on issues such as the length of leave, medical documentation required, the process for sharing information with the employer, and rules regarding the return to the workplace is critical for a civil rights attorney to effectively represent an employee with a serious medical condition and to keep that employee working.

  • Complaint For Declaratory, Injunctive, And Monetary Relief And Jury Demand (Sauer and Martino v. ArmorGroup North America and Armor Group International)
    This is a civil action for declaratory, injunctive and monetary relief for injuries Plaintiffs James Sauer and Peter Martino sustained as a result of their unlawful terminations, in retaliation for their whistleblowing about the fraudulent representations made by Defendants ArmorGroup North America and ArmorGroup International; Defendant Karl Semancik, former President of AGNA; Defendant Michael O'Connell, former Director of Operations of AGNA; and Defendant Caroline Ruart, former Director of Human Resources of AGI (collectively Defendants) to the United States Department of State. Defendants made these fraudulent misrepresentations regarding AGNA's experience, staffing capabilities, equipment and facilities in its attempt to secure and maintain a $187 million government contract to provide a guard force to protect the U.S. Embassy in Kabul, Afghanistan. Plaintiffs bring their claims for retaliatory and wrongful discharge under the anti-retaliation provision of the False Claims Act, 31 U.S.C. § 3730(h), and the common law claim of wrongful discharge in violation of public policy.

  • Less Gain, More Pain 
    When economic times are tough, women face workplace discrimination at a higher rate than in good economic times.

  • Firing Back 
    The Court decided in favor of the plaintiffs in two cases of employer retaliation, thus expanding protections for older workers and workers of color.

  • Legal Protections For Older Workers: Know Your Rights
    If you are an older worker, federal law provides certain legal protections for you in the workplace. The Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq., protects most workers who are 40 years old or older from employment discrimination based on their age. Additionally, the Older Workers Benefit Protection Act (“OWBPA”), 29 U.S.C. §§ 623, 626 & 630, requires that employers follow certain rules when seeking a waiver of claims and when offering severance packages or early retirement options to older workers. This article will outline the basic protections provided to older workers under the ADEA and the OWBPA.


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