ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

October 22, 2016

Decision Squibs for the week ending October 21, 2016


Decision Squibs for the week ending October 21, 2016

Places of Public Accommodation: The Delaware Supreme Court overturned a Delaware Human Relations Commission’s award of damages, attorney’s fees, and costs holding that for the purpose of Delware’s Equal Accommodations Law a prison was not a place of "public accommodation." Ovens v Danberg,  Delaware Supreme Court, Docket #123, 2016, posted on the Internet at:
 http://courts.delaware.gov/Opinions/Download.aspx?id=247660

Employer-Employee: In CalPortland Company v Federal Mine Safety and Health Review Commission, USCA, District of Columbia, Docket #16-1094 held that the Commission could not order  a mine owner to temporarily reinstate an individual who has never been employed by that owner or operator pending a final order on the individual’s underlying discrimination complaint that was then pending before the Commission. The decision is posted on the Internet at: 
http://law.justia.com/cases/federal/appellate-courts/cadc/16-1094/16-1094-2016-10-20.html 

Lack of Mutual Assent: Marjorie Johnson, J.D., writing in Employment Law Daily, reports that although two employees continued working after they received a new Alternate Dispute Resolution policy which required that employment disputes be resolved through binding arbitration, there was no showing of mutual assent as they voiced their objections to the ADR policy and amended their previously filed EEOC charges to allege that the new policy was retaliatory. In an unpublished opinion labeled “Not Precedential”, the Third Circuit vacated a district court’s orders of dismissals of their separately filed discrimination claims and remanded for further proceedings. Scott v Education Management Corp., USCA, Third Circuit, No. 15-2177. Posted on the Internet at: http://www2.ca3.uscourts.gov/opinarch/152177np.pdf

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.