Hunton Profile

Pay and Promotions Task Force

Now more than ever, pay and promotion issues are tremendously important to employers.  Fair pay and equal work opportunities to all employees, regardless of gender, race, national origin or any other protected characteristic, is a top priority of the new administration.  Signing the Lilly Ledbetter Fair Pay Act, which extended the statute of limitations for filing alleged discriminatory pay and promotion claims, was President Obama’s first legislative act as President.  Recent events in Congress, including the introduction of additional legislation aimed at ensuring equal pay and advancement opportunities, paired with aggressive regulatory initiatives, are strong signals that the question is not “if” pay and promotion discrimination claims will rise, but when and how high.  Our attorneys are fully prepared to help employers maneuver through the special challenges these cases present.
 
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Flawed Documentation About Layoff Selections Works to Reverse Summary Judgment Victory For Employer

In another case in which better employer documentation could have made the difference,  the U.S. Court of Appeals for the Sixth Circuit reversed earlier this month a district court's grant of summary judgment in favor of employer Kmart.  Based largely upon contradictory and unclear documentation, the court found that Kmart’s former employee, Susan Cutcher, presented sufficient evidence to allow a reasonable juror to find that Kmart terminated Ms. Cutcher in retaliation for taking leave under the Family and Medical Leave Act.

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New FMLA Amendments Further Expand Military Leave Rights

Employees who have family members serving in the armed forces will have new expanded rights under Section 565 of the recently-enacted National Defense Authorization Act for Fiscal Year 2010.  This provision further amends the Family and Medical Leave Act (FMLA), which was amended only a year ago to allow leave to care for family members with needs relating to military service.

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