November 12, 2013 – Pospis Law, PLLC

November 12, 2013 by mjpospis

Failure to Exhaust Administrative Remedies at the EEOC Leads to Dismissal of Americans with Disabilities Act Discrimination Claim

In Agosta v. Suffolk County (Nov. 8, 2013), the Eastern District of New York dismissed plaintiff’s claim under the Americans with Disabilities Act (ADA) because he failed to exhaust his administrative remedies in the Equal Employment Opportunity Commission (EEOC). Plaintiff alleged two ADA causes of action: First, the Plaintiff claims that the [defendants] maliciously, intentionally and/or recklessly violated the…

SCOTUS Hears Oral Argument on Whether the Sarbanes-Oxley Act Protects Employees of Privately-Held Contractors or Subcontractors of Public Companies

Oral argument is scheduled in the Supreme Court today in the case of Lawson and Zang v. FMR, LLC (information here). The decision below is Lawson v. FMR, LLC, 670 F.3d 1 (1st Cir. 2012). The case concerns the scope of protection provided by the “whistleblower” section (Section 806) of the federal Sarbanes-Oxley Act, 18 U.S.C.…