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Articles and Commentary

Discrimination Itself Is Harm, Judge Rules in Fair Housing Case         Legal Intelligencer     
When a federal jury finds that race discrimination in housing has occurred but awards no compensatory damages, the trial judge must still allow the plaintiffs to seek punitive damages, the 3rd U.S. Circuit Court of Appeals has ruled.

A Different Standard?         Office.com     
Two Dunkin' Donuts franchisees have charged the company with racial discrimination, claiming their 30 stores were downgraded due to unfounded claims of unsanitary conditions. A second suit, against Wendy's, made similar charges of racial discrimination. Do minority franchisees have to meet more stringent standards?

Case Looks To Expand Sexual Harassment         Office.com     
Federal suit seeks to broaden definition to include certain verbal exchanges among co-workers.

Polygraph Testing of Employees: Are the Handcuffs On The Employer?         Paul F. McCurdy and Wesley D. Dupont     

A Problem Termination         Paul Bressan     

EEOC Claims Way Up              
The number of employment-discrimination lawsuits filed has soared in recent years. Many experts point to the increased diversity of the work force as a key reason for the increase.

Illegal Interview Questions              
Imagine that three of your eight employees are on maternity leave. You're interviewing a candidate for a new position and concerned about your dwindling staff, so you ask if she plans to have children in the next few years. You only have your company's best interest at heart. "If you ask that question, and that person doesn't get the job, they can come back and claim gender discrimination," says Maria Grecky, an attorney in Broomfield, Colo. who specializes in labor law.

Labor and Employment: Seniority Can Trump Disability              
The Supreme Court has recently taken yet another bite out of the Americans with Disabilities Act, making it easier for employers who consistently apply seniority systems to handle competing claims of ADA accommodation. The Supreme Court ruled that while a seniority system does not always "trump accommodation requests," it "will prevail in the run of cases.

Harassment of the Disabled: A Workplace Issue              
Claims under the American with Disabilities Act (ADA) traditionally have focused on adverse employment decisions such as terminations or challenged working conditions or assignments. Recently, however, ADA plaintiffs have been adding claims for harassment because of their disability.

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