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Employee Able to Prove Age Discrimination, Despite Being Placed on a Performance Plan.
Posted by: Melville Johnson, P.C.
July 02, 2008
Topic: Employment Discrimination

A jury in United States District Court in New Jersey has awarded a Plaintiff $743,000 in damages for compensatory damages and his attorneys fees in his employment discrimination lawsuit. Mr. Nicholas Saffos attorney's argued that his termination from his position with Avaya Incorporated was part of a purge of older workers headed by an incoming manger, which violated the Age Employment Discrimination Act. The Plaintiff's attorney further alleged that Mr. Saffos was terminated a replaced by a younger employee.

Avaya's counsel had argued...

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US Supreme Court Upholds Retaliation Claims Stemming from Racial or Age Discrimination Complaints.
Posted by: Melville Johnson, P.C.
June 30, 2008
Topic: Employment Discrimination

The U.S. Supreme Court has ruled that workers, who claim that they faced retaliation for complaining about racial or age discrimination, may bring a suit in federal court. In two separate decisions, CBOCS West v. Humphries and Gomez-Perez v. Potter, the court ruled that the past decisions mandated that the same federal laws that protect workers from discrimination, naturally protect workers from retaliation for filing complaints of discrimination.

The first case...

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Supreme Court to Decide Burden of Proof for Age Discrimination Claims.
Posted by: Melville Johnson, P.C.
June 25, 2008
Topic: Employment Discrimination

The Age Discrimination in Employment Act ("ADEA") prevents employers from discriminating on the basis of age. However, employers can adopt policies that disadvantage older workers without violating the ADEA so long as the policies are based on "reasonable factors other than age."

The United States Supreme Court recently heard arguments regarding whether an employee bringing suit must prove reasonable factors do not exist or whether the employer being sued must prove that the reasonable factors do exist. The Supreme Court has taken up this question because, while the party who bears the burden of proof has a dramatic impact on a case, statutes seldom specify who bears that burden. The Supreme Court has previously developed a framework for making this determination in racial discrimination and sex discrimination, but not in the age discrimination context.

The case heard by the Supreme Court...

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Employee Who Lacks the Symptoms of Disabling Condition Is Not Recovered from Condition.
Posted by: Melville Johnson, P.C.
June 23, 2008
Topic: Pension Rights

The U.S. Postal Service appointed the Appellant to the position of Rural Letter Carrier on October 6, 1990. On July 1, 2002, the Appellant filed an application for disability retirement, citing eczema caused by contact with the mail. The Appellant's eczema was severe to the point that the skin on his hands would scale, blister, and peel, causing infection. The condition was very painful to the appellant and impaired his dexterity. Additionally, the accommodation which the Appellant was receiving, latex gloves, was not helpful as the gloves made the condition worse due to lack of air. Further, the medications Appellant was taking for this condition, namely a variety of corticoid steroids, caused clumsiness and other side effects permanently impacting the performance of his letter carrier duties.

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Female Coach Permitted To Pursue Discrimination Suit
Posted by: Melville Johnson, P.C.
June 20, 2008
Topic: Employment Discrimination

Ms. Debbie Peirick became the head women's tennis coach at Indiana University - Purdue University Indianapolis (IUPUI) in 1990. It was undisputed that she excelled in most areas. Her players performed well academically, she never received an NCAA rule violations, she budgeted and fundraised effectively, and her team had just completed the best season in school history. Nevertheless, she was replaced by the 23-year old sister of the men's tennis team coach.

Ms. Peirick filed a lawsuit alleging...

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