The terms of a collective bargaining agreement can play a critical role in analyzing the rights of the parties. For example, in a previous blog, the terms of the collective bargaining agreement played a critical role in the court allowing for random drug testing of current employees. That said, when it comes to collective
election of remedies
Mixed motive: another permutation and do lawyers have it backwards
By William Goren on
Posted in Federal Cases, Title I
A hot area of the Americans with Disabilities Act jurisprudence is the question of mixed motive. That is, can a plaintiff get a mixed motive jury instruction in Americans with Disabilities Act cases, or for that matter in Rehabilitation Act cases as well, in light of Gross v. FBL Financial Services? Previously, we have…