Labor & Employment Article Archives

Supreme Court Continues To Level The Playing Field Under The ADA

August, 2002

The Americans with Disabilities Act of 1990 (“ADA”) is a murky law on its face. Semmes, Bowen & Semmes, therefore, continues to consistently advise its clients that “caution” and “good faith” are the watchwords when dealing with applicants or employees who suffer from disabilities.

In the past few years, the Supreme Court has issued a flurry of opinions under the ADA. When viewed in light of especially its two favorable 1999 opinions, what is clear is that the Court has done much to equal the playing field for employers under the ADA.

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Fourth Circuit Rejects Board Back Pay Award In Salting Case

July, 2002

At long last, a rational voice has spoken in a “salt” case. On March 29, 2002, the Fourth Circuit refused to enforce the back pay portion of a National Labor Relations Board (“NLRB” or “Board”) decision ordering an electrical contractor to pay a “salt” from the time he applied for job and was rejected to the date several years later when the contractor, in compliance with a Board order, finally offered him employment.

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The Statutory Foundation of Privacy In The Electronic Workplace

June, 2002

(Labor & Employment Newsletter – 2002) An employee who perceives that his employer has intruded upon his reasonable expectation of privacy may sue under the common law claims of “Invasion of Privacy”/”False Light,” or “Intrusion Upon Seclusion.” View Article The above publication is saved in PDF format. You will need the free Adobe Acrobat Reader…

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New Sexual Orientation Law Protects More Than Just The Bisexual And Heterosexual Population

May, 2002

Under Maryland’s “new” sexual orientation legislation, codified at Md. Code 1957, Art. 49B, employers may not, in making employment decisions, discriminate on the basis of their applicants’ or employees’ sexual orientation. The legislation broadens Maryland’s civil rights law banning discrimination in employment, housing and public accommodations on the basis of race, religion, sex, age, color, national origin, marital status, and disability to include a ban on discrimination also on the basis of sexual orientation.

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