Ellen Simon

Great Disability Rights Opinion From Seventh Circuit For Employees And Their Lawyers

Employee With MS Wins Appeal In Seventh Circuit “Regarded As” Disability Decision A case was decided by the Seventh Circuit Court of Appeals last week that was an important victory for the employee as well as his lawyers. In Brunker v. Schwan’s Home Service, Inc. the Court reversed judgment in favor of Schwan’s on Brunker’s …

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Congress Introduces Age Discrimination Bill To Fix Supreme Court’s Gross Decision

Age Discrimination Legislation Will Overturn Gross Decision Last June, the Supreme Court issued the awful and controversial age discrimination opinion in the Gross v. FBL Financial Services case. I wrote about the case at that time and predicted that it was just a matter of time until Congress fixed it with a bill that would …

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Important Decision From Sixth Circuit in Discriminatory Failure to Promote Case

Female Officer Wins Big In Fight For Discriminatory Denial Of Promotion It’s not uncommon for women to be passed over for promotions they deserve – but proving gender discrimination has been difficult. The good news is that the recent decision from the Sixth Circuit Court of Appeals in Risch v. Royal Oak Police Department will …

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Eighth Circuit Sets Record Straight On Age Discrimination

Age Discrimination Plaintiff Gets Great Decision From Court of Appeals It looks like a typical age discrimination scenario. A supervisor makes hostile remarks about older employees and expresses a preference for younger ones. An older employee with an excellent record gets fired for trumped-up reasons and a younger employee is hired to replace her. What …

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Trumped-Up Reasons For Termination Can Prove Retaliatory Discharge

When employees are fired for misconduct, employers often think that they have an airtight defense to any charges of wrongful discharge. But that’s often not so. The case of Upshaw v. Ford Motor Company, decided last week by the Sixth Circuit Court of Appeals, brought this point home. What Happened In The Case Here’s a …

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Employee Retaliated Against for Blogging: Bloggers Beware

We have all heard about employees getting into hot water because of their blogs and online activities: the Delta flight attendant fired because she posted a provocative photograph of herself in uniform without a visible name or logo the Google employee who speculated online about his employer’s finances   the Burger King executive who used his …

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New Supreme Court Age Discrimination Decision Will Be Gone in a Flash

Did the Supreme Court Discriminate Against Victims of Age Discrimination? The only good thing to say about the new age discrimination case of Gross v. FBL Financial Services, Inc. is that it will be gone in a flash.  There are so many things wrong with it that it’s hard to know where to begin, and …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.