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United States: Court Of Appeal Relies On "Motivating Factor" As Standard Of Causation In FEHA Case - Ogletree, Deakins, Nash, Smoak & Stewart

In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in violation of the California Fair Employment and Housing Act (FEHA) and wrongful termination in violation of public policy.

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United States: The Ohio Supreme Court Gives Teeth To Noncompete Agreements Applicable To Acquired Employees - Ogletree, Deakins, Nash, Smoak & Stewart

The Ohio Supreme Court recently reversed its prior decision limiting the enforceability of non-compete agreements acquired in mergers and acquisitions.

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United States: Time Is Running Out! November 2 Deadline To Request MTA Payroll Tax Refunds In Accordance With New Special Protective Refund Claim Procedures - Ogletree, Deakins, Nash, Smoak & Stewart

In a case with far-reaching implications—including the potential for refund claims to be filed by any employer that has paid the Metropolitan Commuter Transportation Mobility Tax (the MTA Payroll Tax or MCTMT)—a Nassau County Supreme Court judge ruled that the MTA Payroll Tax was passed unconstitutionally.

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United States: Federal Appeals Court Resists Categorizing "Sexual Stereotyping" Claim As Violation Of Title VII - Ogletree, Deakins, Nash, Smoak & Stewart

Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action.

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United States: Massachusetts Federal Court Holds That Websites Can Be Places Of Public Accommodation For Purposes Of The ADA - Ogletree, Deakins, Nash, Smoak & Stewart

In National Association for the Deaf v. Netflix, Inc., the U.S. District Court for the District of Massachusetts held that Netflix’s Internet video-streaming service, known as "Watch Instantly," constitutes a place of public accommodation that must ensure accessibility for the disabled.

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