Employment Law Newsletters

Disabilities-Related Pre-Employment Screening

The Americans with Disabilities Act of 1990 (ADA) was passed to protect most American workers from discrimination on the basis of disabilities. Under the ADA, employers may not deny employment to or take adverse employment action against disabled employees who can perform the essential functions of their jobs with reasonable accommodation. The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing the ADA.

Employment Discrimination

Based upon Conduct or Lifestyle)

Retaliation Against Employees for Exercising Rights under National Labor Relations Act

The National Labor Relations Act of 1935 (NLRA) guarantees certain rights to employees. Under the NLRA, these protected activities, as they are called, include:

Unemployment Benefits - Protest -- General Issues

When an unemployed worker files a claim for unemployment compensation and the unemployment compensation office determines that the claimant has had sufficient employment to qualify him for the receipt of benefits, a notice of his claim is mailed to the last employer for which the claimant worked and to each employer in the claimant's base period. It is often quite possible for a claimant to have more than one base-period employer. The number of base period employers varies according to the number of jobs the claimant had during that time-period designated as the base period. The last employing unit, that is the last or most recent employer, is the employer for whom the claimant was last employed when he quit or was terminated from his employment.

Vicarious Liability for Torts of Employees

Normally, tort law requires the party causing the injury to compensate the injured party with money. Through vicarious liability, however, a party other than the one actually causing the injury is held financially responsible for the harm. Several policy arguments exist for the imposition of vicarious liability on seemingly innocent parties.