Tuesday, May 6th, 2008

Release of Employment Claims - the Paul Hastings Case

There’s been much publicity the last several days about the claim by the Paul Hastings attorney that the firm laid her off with, at least, great insensitivity.  Here’s the Release that Paul Hastings presented to her.   The attorney rejected the offer (which included a non-disparagement provision).
H/T: Above the Law

Tuesday, May 6th, 2008

9th Cir: ADA “Regarded-as” Liability

If an employer evaluates an employee for a disability, or tries to accommodate a possible disability, will its actions boomerang and constitute evidence that it “regarded” the employee as disabled?  The 9th Circuit says, No.

That the County was aware of Magdaleno’s PTSD diagnosis, required him to submit to a psychological evaluation, and took steps to accommodate […]