Fenwick Employment Brief - December 14, 2011


In this issue: Employee's Alcoholism Does not Rise to the Level of an ADA Disability, Leading to Dismissal of Claims; Court Refuses to Enforce Arbitration Agreement for Lack of Consent; $2.1 Million Judgement in Washington Wage and Hour Class Action; New Law Provides Tax Incentives for Hiring Unemployed Veterans; Hilton Agrees to Settle Following Investigation by Department of Labor; Exempt Status of Pharmaceutical Representatives; $35 Million Settlement in Oracle Class Action; Proposed OFCCP Rule Could Require Mandatory Hiring Goal for Disabled Workers; and Brinker Decision Expected in Early 2012.

Excerpt from "Employee's Alcoholism...":

In Kennedy v. Glen Mills School, a federal court in Pennsylvania dismissed a terminated employee’s claim of disability discrimination (based on alleged alcoholism) because the employee failed to prove that his alleged alcoholism rose to the level of a protected disability under the ADA.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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