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Employment Law Alert

Mandatory Arbitration Clauses May Become Invalid in Sexual Harassment Disputes

Employees may soon avoid mandatory arbitration clauses in connection with any case claiming sexual assault or harassment.  Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, and President Biden is expected to quickly sign it into law. Arbitration has long been a key factor in an employer’s ability to manage their   Continue Reading »

Doctrines of Federal Common Law Do Not (By Themselves) Confer a Basis for Federal Question Jurisdiction

A doctrine of liability, even one recognized under federal common law, cannot in itself confer “arising under” subject matter jurisdiction over federal questions pursuant to 28 USC §1331 without a sufficiently identified source of law supplying a federal cause of action.  In East Central Illinois Pipe Trades Health & Welfare Fund v. Prather Plumbing &   Continue Reading »

Prior Job Application Admissible in ADA Litigation Along with Evidence That The Employer Hired a Different Member of Plaintiff's Protected Class

Overview: In 2010, plaintiff applied and interviewed for a service representative position with the Social Security Administration (SSA), and claimed she received an offer of employment at the end of her interview. The plaintiff then disclosed her physical and mental disabilities which she claims prompted the SSA to rescind its offer of employment. The SSA   Continue Reading »

Seventh Circuit Reverses ADA Ruling in Favor of Plaintiff; Obesity Without Physiological Cause Not ADA Covered Impairment

Overview: The plaintiff had worked at a rail yard, occupying different positions, for over 33 years. Some of those positions included: a grounds man, a driver, and a crane operator, and all indications are that the plaintiff was a productive and skilled employee. The rail yard the plaintiff was employed at was eventually purchased by   Continue Reading »

Johnson and Bell

Johnson and Bell