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April 2011 Archives

EEOC sues business for mistreatment of foreign workers

The U.S. Equal Employment Opportunity Commission (EEOC) has sued a labor recruitment company, accusing them of unfair and illegal treatment of workers recruited from Asia. According to Reuters, the EEOC said that all workers from around the world working in the U.S. have the right to be treated in the same way as American workers and not as "second-class citizens."

Transgender man files discrimination lawsuit against former employer

A transgender man has filed a lawsuit against his former employer, claiming he was fired based on gender discrimination in what may be the first case in the U.S. where a transgender person has claimed discrimination in the workplace based on birth gender. A recent piece in Forbes discusses the case and the complicated issues for employers the case will broach.

Winklevosses want to keep fighting Facebook settlement

Previous posts have covered the ongoing litigation between Facebook founder Mark Zuckerberg and three men and former Harvard colleagues who claim he stole their idea for an online social networking site. Twins Cameron and Tyler Winklevoss, along with Divya Narenda, sued Zuckerberg and Facebook for allegedly stealing their idea while at Harvard. The parties reached a settlement in 2008, which included awarding shares in the company to the plaintiffs in exchange for the plaintiffs agreeing to end litigation against Facebook.

Wal-Mart settles EEOC ethnic discrimination lawsuit

Wal-Mart Stores Inc is the world's largest retailer. The company seems to face constant ongoing commercial litigation involving various issues at varying degrees of complexity. As the world's largest private employer, Wal-Mart also faces many employment lawsuits, including claims of discrimination. The continual routine or ground-breaking cases against the company help to shape business and employment law.

Litigation has come to an end in Facebook-ConnectU dispute

A federal appeals court this week ruled that litigation against Facebook by three former Harvard colleagues who claim Mark Zuckerberg stole their idea for a social networking site must come to an end. Twins Cameron and Tyler Winklevoss and Divya Narenda settled their dispute with the company in 2008 and in the settlement they agreed not to pursue further claims against Facebook. The plaintiffs, however, tried to argue that Facebook had misled them about the company's value in 2008, which meant that the agreement was unenforceable.

More class actions could result from new ADA regulations

The Americans with Disabilities Act was expanded in 2008 with amendments that were added in order to overturn U.S. Supreme Court decisions that interpreted the ADA narrowly. The final version of the expanded ADA was made final at the end of March with interpretations to the amendments. The expanded law includes more conditions that will "virtually always" be considered a disability under the law, according to the American Bar Association Journal's law blog.

Justices may favor Wal-Mart in sex discrimination case

The U.S. Supreme Court justices are currently considering a case with important implications for future class-action lawsuits claiming discriminatory practices by employers. As discussed in an earlier post, the justices heard arguments regarding whether a lawsuit claiming that Wal-Mart systematically discriminated against women in pay and promotions should be allowed to proceed as a class action. If allowed to proceed, it would be the largest class action claiming bias in the workplace to ever be brought against a private employer.

Wal-Mart OSHA fine upheld, businesses to adopt new safety measures

Wal-Mart has been fighting a fine that the Occupational Safety and Health Administration (OSHA) issued to the company for the death of an employee who was trampled by a crowd at a Thanksgiving weekend sale in 2008. OSHA said that Wal-Mart did not do enough to ensure employee safety during the sale. Wal-Mart was fighting the fine through litigation because of the concern that OSHA would become too involved in how businesses run sales.

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