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Tuesday
Oct022001

US Supreme Court Will Hear Cases Important to Your Business

As all you constitutional law scholars know, yesterday, the first Monday in October, began the new session of the United States Supreme Court.

We are watching a number of cases on the Court's docket. Those cases should address the following questions:

What constitutes a "disability" under the ADA? (Toyota v. Williams)

Must an employer accommodate a disabled worker under the ADA even if doing so would violate its seniority rules? (US Airways, Inc. v. Barnett)

Where an employee has signed an arbitration agreement with his employer, can the EEOC still sue the employer on the employee's behalf in federal court? (EEOC v. Waffle House)

Where an employer failed to notify an employee that her paid disability leave and FMLA leave would run concurrently, can it fire her for failing to return after her paid leave expired? (Ragsdale v. Wolverine Worldwide)

Can an employer fire a worker based on previous disciplinary actions that the worker is appealing? (Gregory v. U.S. Postal Service)

Even though some racial discrimination occurred more than 300 days before the plaintiff filed his Title VII claim, can he still sue for it under a "continuing violation" theory? (National Railroad Passenger Corp. v. Morgan)

Where an EEOC regulation permits a discrimination charge to be amended after the statute of limitations has expired, is this valid? (Edelman v. Lynchburg College)

The Court's rulings in these cases could have a significant effect on your business. We will let you know when decisions in these cases come down. As always, we will suggest steps you can take to prevent problems and seize opportunities in light of the Court's rulings.

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