Tuesday, July 1, 2014

First Circuit: In granting summary judgment for MePERS in claim brought under the Contract and Takings Clauses of the United States Constitution, the court held that retired State of Maine employees have no contractual entitlement to cost of living adjustments calculated under pre-2011 law
Third Circuit: In addressing three issues of first impression before it, the court held that (as does the First Circuit) the Age Discrimination in Employment Act (“ADEA”) precludes an age discrimination action under § 1983 by a former governmental employee, pleading exhaustion of administrative remedies under the ADEA may be in general terms, and submitting the EEOC revised Intake Questionnaire constitutes filing a charge of discrimination for purposes of the charge-filing deadline
EEOC: $1.35 Million settlement announced in EEOC complaint that alleged employer’s fixed-leave policy failed to consider leave as a reasonable accommodation in violation of the Americans with Disabilities Act and merely tracked the requirements of the Family Medical Leave Act

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