Alaska Employment Law

ADEA:  This morning the 9th Circuit held that the ADEA precludes Section 1983 claims of age discrimination against public employers:

While this court has not ruled whether the ADEA is the exclusive remedy for age discrimination in employment claims, every other circuit to consider the question has so held. The leading case to hold the ADEA precludes § 1983 actions in the area of age discrimination in employment is Zombro v. Baltimore City Police Department, 868 F.2d 1364 (4th Cir. 1989). We find the reasoning of Zombro particularly persuasive.

Ahlmeyer v. Nevada System, ___ F.3d ___ (9th Cir. Feb. 19, 2009)

Same-sex partner benefits: 9th Circuit judges Alex Kozinski and Stephen Reinhardt, from opposite ends of the political spectrum, have both recently questioned the constitutionality of the Defense of Marriage Act, and have OKed benefits for same-sex partners of federal court employees.  Balkinization has analysis and links to the administrative opinions.

Integration clasues: Jerome Juday, at Alaska Law Blog, discusses integration clauses in contrcts.

Ineffective assistance; expert testimony:  The 9th Circuit has affirmed Judge Holland’s denial of an ineffective assistance claim, and Holland’s conclusion that the Magistrate hadn’t abused his discretion in barring the criminal defendant from presenting expert testimony regarding the same issue.  U. S. v. Piers, 2009 WL 350630 (9th Cir. Feb. 12, 2009)(unpub.)

Post-employment ethics:  The Alaska Attorney General (via  Julia Bockmon) has opined about work done in the private sector by a former State employee.  Exactly why WESTLAW has published this opinion now when it was issued over a year ago is unclear.  AGO File No. 661-07-0027, 2007 WL 6030208 (Alaska Att. Gen. Aug. 3, 2007)