Fenwick Employment Brief - October 15, 2009

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In This Issue:

*Employers should be prepared for swine flu issues in the workplace

*Ninth circuit rules that physical capacity evaluation may constitute a prohibited medical examination under the ADA

*Employee with authorization to access company documents did not violate any law by copying files before resigning

*NEWS BITES

..Washington State Court Decides That Employers Need Not Accommodate Employee Use of Medical Marjiuana

..Federal Appellate Court Rules That Laid Off Employees Must Meet Higher Standard of Proof In Discrimination Cases

..Subjective Criteria Not Allowed To Defeat A Prima Facie Case Of Discrimination

..Employees Need Not Complain of Every Discriminatory Comment To Support A Finding Of Protected Activity And Reasonable Belief Of Discrimination

Please see full brief below for more information.

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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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