Around the Employment Law Blogosphere - September 13, 2010

Here are some of the most interesting employment law related articles and blog entries I came across in the last seven days. 

  • ADA Amendments redefine cancer as a disability.
    • Ohio Employer's Law Blog - Jon Hyman writes: "I think the cancer-is-not-an-ADA-disability cases are a thing of the past. Effective January 1, 2009, Congress amended the ADA to reinstate “a broad scope of protection.” Specifically, Congress found that the United States Supreme Court had narrowed the protections intended by the ADA, and rejected the holdings of Sutton v. United Air Lines, Inc. and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams. The ADAAA did not change the statutory definition of “disability,” but made significant changes in how it is interpreted. Importantly, the ADAAA clarified that the operation of “major bodily functions,” including “functions of the immune system,” constitute major life activities under the ADA. Moreover, the ADAAA provides that 'an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.'"
  • Hurd, HP, and Inevitable Disclosure
    • Smooth Transitions Blog - Rob Radcliff writes about the recent suit filed by HP against its former CEO, Mark Hurd, asserting that he cannot go to work for competitor Oracle. HP essentially claims that it is impossible for Hurd to take the job without breaching his contract with HP and without missapropriating HP's trade secrets. Radcliff notes that "Texas Court do not recognize the inevitable disclosure doctrine but have come close – California does not appear to either."
  • Federal Employees May Pick & Choose Which Title VII Claims to Appeal
    • Daily Developments in EEO Law - Paul Mollica notes the Seventh Circuit's recent decision in Payne v. Salazar, in which the court holds that federal employees who adjudicate their Title VII claims through the agency route have a choice, if they are dissatisfied with the result, between appealing to the EEOC or refiling the claims in federal district court. Mollica notes that this case becomes the first to hold that an employee with multiple Title VII claims may accept the results of a winning claim while also proceeding to federal court with the losing ones.

 

If you come across an article that you think should make the weekly round-up, drop me a line at chris[at]mckinneylaw.net.