March 2011

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The EEOC recently issued its final regulations pertaining to the Americans With Disabilities Act Amendments Act of 2008.  These new regulations significantly modify the existing legal landscape relating to the law of disability discrimination.  They include nine “rules of construction” derived from the statute or its legislative history, many of which relate to whether a…

Read More EEOC Issues New Regulations Regarding the ADA Amendments Act of 2008
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In Kasten v. Saint-Gobain Performance Plastics Corp., 131 S.Ct. 1325 (2011), the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) anti-retaliation provision does not require the submission of a written complaint. That provision, codified at 29 U.S.C. 215(a)(3), makes it unlawful to, inter alia, “discharge or in any other manner discriminate against any employee…

Read More FLSA Anti-Retaliation Provision Covers Oral, as Well as Written, Complaints
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Rep. Hank Johnson (D-Ga) today (Wednesday, March 16, 2011) introduced legislation (the “Fair Employment Opportunity Act of 2011”, H.R. 1113) which would amend the Civil Rights Act of 1964 to protect against discrimination on the basis of unemployment status.  The bill was co-sponsored by Rep. Jesse Jackson, Jr. (D-Ill.).  Click here for more information on…

Read More Proposed Legislation Would Add “Unemployment Status” As Protected Class
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This article, inspired by the apparent recent public dissemination of the Coca-Cola formula (albeit an earlier version of the formula), succintly highlights the difference between the protections provided by patent law, on the one hand, and trade secret law, on the other.  Simply put, patent law arguably offers more comprehensive protection, but provides that protection for a limited…

Read More Why Coca-Cola Never Patented Its Formula
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