Message from the Firm

Good News. The courts are cutting back potential employer liability in some areas.

Last summer, the United States Supreme Court established an important affirmative defense for employers in federal sexual harassment cases. The Court held that when an employer has in place policies and procedures to receive and act on internal complaints of sexual harassment, and when an employee who has not suffered adverse job action (such as a demotion or termination) fails to complain, the employer may not be liable.

This summer, the United States Supreme Court limited the scope of the Americans with Disabilities Act. Since 1990, when the ADA became law, employers have struggled to figure out how to comply with this highly technical statute. These Supreme Court cases (discussed on page 2) narrow the definition of who is "disabled," holding that the ADA was not intended to cover individuals whose physical impairments have been corrected with medication or simple remedial devices. In other words, just because someone has a disability, they may not be "disabled" under, and sheltered by, the ADA.

While this trend bodes well for employers, it will take some time for state courts interpreting state law to follow the Supreme Court's lead. Well-meaning employers are still often unwittingly caught in a web of overlapping and subtly inconsistent federal and California laws. Our goal is to help employers untangle this web, make fair and legally supportable decisions about their work force, and spend their time confidently building a profitable business instead of defending employee claims.

Learn more about Reish Luftman Reicher & Cohen's related practice areas:
Employment Law