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Question: does a bad economy affect the number of employment claims?
Understanding GINA Can Help Employers Avoid Genetic Testing Discrimination Lawsuits In 2008, Congress passed, with almost unanimous support, the Genetic Information Nondiscrimination Act (“GINA”). GINA’s stated purpose is to encourage workers to get tested for genetic medical conditions, without having to worry about fallout at work. While certainly a worthy goal, the new law is a complicated one, presenting both a potential minefield for employers, as well as opportunities for plaintiffs’ lawyers and disgruntled employees.
Rare Victory for Employers in Disability Discrimination Claim: On April 13, 2011, the Fourth Appellate District in Wills v. Superior Court of Orange County, ruled in favor of the employer, defendant Superior Court of the State of California, County of Orange, in affirmed summary judgment in a disability discrimination claim by plaintiff Linda Wills. In so doing, the Appellate Court ruled that an employer may discipline an employee for engaging in threats or violence against coworkers, even when that behavior is caused by the employee’s disability.
Appellate Courts Continue to Uphold Class Certification Denials Based on Specific Issues Predominating In Mora v. Big Lots Stores, Inc., No. B221949 (Second District, filed April 18, 2011), for the second time in two years, the Second Appellate District upheld a trial court’s denial of class certification based on specific, individual issues predominating over common questions of fact or law (Arenas v. El Torito Restaurants, Inc. (2010) 183 Cal.App.4th 723 was a prior case upholding a similar trial court ruling for similar reasons).
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