Blog

Employment at will refers to the fact that, unless an agreement specifies otherwise, employers are free to fire an employee—and employees are free to leave the position—at any time and for any reason, except that an employer may not discharge an employee for an unlawful reason.

Unions are legally permitted engage in jurisdictional boycotts and secondary boycotts.

Mary, who has been diagnosed with multiple cysts in her kidney, has to undergo surgery. Two months after the diagnosis, she begins employment with Eager Beaver Inc., which has a three-month waiting period before new employees can enroll in its medical insurance plan. If Mary enrolls in the insurance plan on the earliest date, she will be:

Positive HIV status is not a disability under the Americans with Disabilities Act (ADA) until it becomes full-blown AIDS.

The Genetic Information Nondiscrimination Act (GINA) prohibits group health plans and individual health insurance providers from differentiating between insured individuals in terms of premiums or eligibility based on genetic information.

Larry is 57 years old and is employed by the state as a school bus driver. He has an exemplary record, with no accidents in the past 27 years. Bob, aged 31, replaces Larry. Larry intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC). If Larry lives in a state that has not waived sovereign immunity, which of the following statements is most likely to be true?

To state a prima facie case for the tort of public disclosure of private facts, a plaintiff employee must show that there was intentional or negligent public disclosure of private matters, such disclosure would be objectionable to a reasonable person of ordinary sensitivities, and the defendant intended to benefit financially from the disclosure.

Among other things, the OWBPA concerns the legality and enforceability of early retirement incentive programs (called “exit incentive programs” in the Act) and of waivers of rights under the ADEA,

The prima facie case of defamation requires that a false statement to be made intentionally to a third party without an employee’s consent, which results in harm to the employee defamed, and the false statement must have been made for financial gain.

Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee’s religious practices and beliefs: