Category Archives: Employment Discrimination


Disability Discrimination in Employment: Health Care Employer Could Condition Employment on Health Screening and Vaccination

The Americans with Disabilities Act (“ADA”) prohibits covered employers from discriminating against qualified individuals on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. ┬ž 12112(a). This prohibition against discrimination can apply to … Continue reading Disability Discrimination in Employment: Health Care Employer Could Condition Employment on Health Screening and Vaccination

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Employment: Age Discrimination – Breach of Fiduciary Duty and Unfair Competition

An employer may proceed with its unfair competition suit asserting contract and tort claims against a former employee and the employee’s current employer, a federal district court sitting in Pennsylvania has held. The employer adequately stated claims of common law breach of fiduciary duty and unfair competition against the employee, and of aiding and abetting … Continue reading Employment: Age Discrimination – Breach of Fiduciary Duty and Unfair Competition

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Employment: Age Discrimination – Public Employers

The Age Discrimination in Employment Act (“ADEA” ) applies to all public employers, including those with fewer than 20 employees, a unanimous Supreme Court held in its first merits decision of the October 2018 term. Thus, the 20-employee minimum that applies to private employers does not apply to a state or its subdivisions. The 8-0 … Continue reading Employment: Age Discrimination – Public Employers

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Estates: The Inheritability of Digital Music Files

The average layperson might assume that digital music files (i.e., songs purchased from┬áservices such as iTunes and Amazon) can be passed by will or intestate succession. This is certainly true for music recorded onto physical media, such as CDs. However, the law currently treats digital files differently, given (a) the manner in which digital music … Continue reading Estates: The Inheritability of Digital Music Files

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