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Cases of Interest Archives
ADA:
The plaintiff presented enough evidence that he was being "regarded as" disabled to establish a prima facie case under both the Americans with Disabilities Act and the New York Human Rights Law. Adams v. Master Carvers of Jamestown Ltd. (PDF, 86K), 2004 U.S. App. LEXIS 3381 (2d Cir. 2004) (unpublished).
Title II, in addition to Title I, of the Americans with Disabilities Act allows public employees to sue for disability-related job discrimination, held the District Court for the Southern District of New York. Transport Workers Union of America, Local 100 v. New York City Transit Authority (PDF, 183K), 2004 U.S. Dist. LEXIS 6641 (S.D.N.Y. 2004).
ADEA:
In a case of first impression, the Third Circuit held that the Age Discrimination in Employment Act permits liquidated damages against municipalities for willful violations. Potence v. Hazleton Area School District (PDF, 53K), 2004 U.S. App. LEXIS 1480 (3d Cir. Feb. 2, 2004).
FMLA:
The Second Circuit found that the demotion of a New York City employee a few months after his taking medical leave did not violate the Family and Medical Leave Act. Potenza v. City of New York (PDF, 31K), 2004 U.S. App. LEXIS 8128 (2d Cir. 2004).
Title VII:
The First Circuit held the "common law agency test" determines whether an individual is an "employee" under Title VII of the 1964 Civil Rights Act. Alberty-Velez v. Corporacion de Puerto Rico Para La Difusion Publica (PDF, 96K), 2004 U.S. App. LEXIS 3977 (1st Cir. 2004).
The transfer and suspension without pay of a female worker complaining of sexual harassment was in violation of Title VII of the Civil Rights Act of 1964, held the Sixth Circuit Court of Appeals. White v. Burlington (PDF, 418K), 2004 U.S. App. LEXIS 7191 (6th Cir. 2004) (en banc).
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