Employment Law Newsletters

ADA Disability Discrimination Claims

The Americans with Disabilities Act of 1990 (ADA) prevents employers from making adverse employment decisions based upon the disability of an employee or applicant. If an employee or applicant can perform the essential functions of a job with reasonable accommodation, an employer is not allowed to discriminate against him or her because of that disability.

Arbitration — Labor Disputes — Presenting a Case

Although less formal than a trial, an arbitration hearing will be structured in a similar way. Each party will present its case through opening and closing arguments, witnesses, and relevant documents and evidence. Based on the merits of those things, the arbitrator will issue a decision that, in most cases, will be final and binding.

Employee Inventions — Ownership

Generally, any person who invents something or comes up with an idea is entitled to ownership of that invention or idea (and any trademarks, patents, and copyrights that arise from it). Exceptions to this rule, however, exist when the individual created or invented something in the course of employment by another individual, organization, or company. When this is the case, there are a number of factors to be considered and a number of possibilities with regard to ownership rights.

Invasion of Privacy

Employees may not have privacy rights in email sent on company-owned equipment even if the company makes assurances that all email communications are confidential and privileged. A wrongful discharge case against a Pennsylvania company that made such assurances was recently dismissed after an employee made inappropriate and unprofessional comments to his supervisor. The court found that an employee could have no expectation of privacy in communications made on a company email system to his supervisor.

The Drug-Free Workplace Act of 1988

Background and Application