Tag: Tenth Circuit

Supreme Court Lets Stand Ruling Allowing EEOC to Issue Subpoenas After Right-To-Sue

Yesterday the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision that allows the Equal Employment Opportunity Commission (EEOC) to continue investigating allegations of employment discrimination, and even to issue subpoenas to employers, after issuing a right-to-sue letter to the employee who filed the initial complaint.  Click here to read the Ninth Circuit decision in … Continue Reading

Tenth Circuit Affirms Dismissal of WARN Act Case

We don’t need to tell you there’s a recession going on, and that a recession means layoffs.  But we will remind you that layoffs may implicate the Worker Adjustment and Retraining Notification (WARN) Act – the federal law that requires employers to give 60 days’ notice of certain mass layoffs and plant shutdowns.  Sometimes giving … Continue Reading

Driving Not a “Major Life Activity” Under ADA

Is driving a car a major life activity under the Americans with Disabilities Act (ADA)?  No, the Tenth Circuit Court of Appeals recently concluded, joining two other federal circuit courts that have held that just because a person cannot drive does not mean that person meets the legal definition of "disabled."  Kellogg v. Energy Safety Services, Inc. … Continue Reading

New Laws Aim to Prevent Employers From Banning Firearms

By now, we’ve all read about the Supreme Court decision holding that the Second Amendment guarantees a private right to possess firearms.  But here’s an interesting trend in firearms law that directly impacts employers:  several states have passed or are considering laws preventing employers from prohibiting employees from keeping firearms in their cars on company … Continue Reading
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