Monthly Archives: September 2008

Broad Expansion of ADA Rights Poised to Become Law

Yesterday, September 25, 2008, President Bush signed the ADA Amendments Act of 2008 (“ADAAA”), which will expand the protections afforded by the Americans with Disabilities Act (“ADA”). The ADAAA passed the Senate by unanimous consent on September 11 and was approved by a voice vote in the House of Representatives less than a week later. Its significant … Continue Reading

Jurisdictional limits in sex discrimination cases

In the case of Tradition Securities & Futures SA v X & Y, the Employment Appeal Tribunal clarified the Employment Tribunals’ jurisdiction in sex discrimination cases. Whilst this case relates to sex discrimination, its implications are relevant to other types of discrimination as well and will be of interest to large multi-national organisations whose employees … Continue Reading

High court considers validity of a ‘no show’ clause

The High Court decision of Tullett Prebon Group Ltd v Ghaleb El Hajjali will be of interest to all employers who recruit highly specialised senior employees. The decision considers the enforceability of a liquidated damages “no show” clause, and how damages should be calculated where an employee changes his mind about joining a prospective employer, … Continue Reading

New York State Worker Adjustment and Retraining Notification Act

In August 2008, Gov. David Patterson signed the New York State Worker Adjustment and Retraining Notification Act (S.8212) (the “NY WARN Act”) into law. Although the NY WARN Act, effective Feb. 1, 2009, imposes requirements on employers similar to those required by the federal Worker Adjustment and Retraining Notification Act (the “Federal Act”), 29 U.S.C. §§2101-2109, … Continue Reading