Kansas Court Denies Employment Discrimination Claims under ADA, FMLA, and PDA

1996 ◽  
Vol 24 (3) ◽  
pp. 271-272
Author(s):  
B.P.M
Keyword(s):  
United States ◽  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
The United States ◽  
District Court ◽  
Medical Leave ◽  
Pregnancy Discrimination ◽  
The Family ◽  
Pregnancy Discrimination Act ◽  
Summary Judgment

The United States District Court of Kansas, in Gudenkauf v. Stauffer, Znc.(922 F. Supp. 465 (D. Kan. 1996), granted the defendants motion for summary judgment for the plaintiff's claims of pregnancy-related discrimination under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act of 1993 (FMLA), but the court denied a similar motion for the plaintiff's claim under the Pregnancy Discrimination Act (PDA). The court found summary judgment to be appropriate for the ADA claim based on its finding that the plaintiff's pregnancy did not constitute an impairment as required by the statute; as for the FMLA claim, it determined that the defendants failure to grant the plaintiff's leave request did not violate the statute. However, the court determined that summary judgment was inappropriate for the PDA claim because of material questions of fact about whether the defendant had acted with discriminatory intent.In considering the motions for summary judgment, the court accepted the following facts as incontrovertible. Plaintiff Michaela Gudenkauf worked for the defendant Stauffer, Inc.

Lee v. Dong-A Ilbo

1989 ◽  
Vol 83 (1) ◽  
pp. 90-94
Author(s):  
Sonya D. Winner
Keyword(s):  
United States ◽  
The United States ◽  
Korean American ◽  
District Court ◽  
Public Television ◽  
Court Of Appeals ◽  
South Korean ◽  
Official Report ◽  
Foreign Governments ◽  
Summary Judgment

In 1985 two intelligence agencies of the South Korean Government announced that they had successfully disrupted a North Korean spy ring operating in the United States. Their press release, which was widely publicized in the Korean press, named Chang-Sin Lee as a North Korean agent associated with a spy ring at Western Illinois University, where Lee had been a student. The story was picked up and reported in the United States by six Korean-American newspapers and a public television station. When Lee sued for libel, the defendants relied upon the official report privilege, which gives absolute protection to the accurate republication of official government reports. The district court, holding that the privilege applied and that Lee had not overcome it by showing malice, dismissed the case. Plaintiff appealed to the U.S. Court of Appeals for the Second Circuit, which in a two to one decision reversed (per Ervin, J.) and held: that the official report privilege does not apply to the republication of official reports of foreign governments. Judge Kaufman, sitting by designation, dissented from the majority’s reversal of the district court’s grant of summary judgment.

United States v. Palestine Liberation Organization

1988 ◽  
Vol 82 (4) ◽  
pp. 833-837
Author(s):  
Eric S. Koenig
Keyword(s):  
United States ◽  
New York ◽  
United Nations ◽  
The United States ◽  
District Court ◽  
Palestine Liberation Organization ◽  
Southern District ◽  
The Status ◽  
The United Nations ◽  
Summary Judgment

Plaintiff, the United States, brought an action in the U.S. District Court for the Southern District of New York against the Palestine Liberation Organization (PLO) and four individuals seeking an injunction to close the PLO’s Permanent Observer Mission (Mission) to the United Nations as violative of the Anti-Terrorism Act of 1987 (ATA). The district court (per Palmieri, J.) entered summary judgment for defendants and held: (1) the ATA does not require the closure of the PLO’s Mission to the United Nations; (2) the status of the PLO’s Mission, an invitee of the United Nations, is protected by the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (Headquarters Agreement); and (3) Congress did not intend the ATA to supersede the Headquarters Agreement.

Jimmo and the Improvement Standard: Implementing Medicare Coverage Through Regulations, Policy Manuals and other Guidance

2014 ◽  
Vol 40 (1) ◽  
pp. 7-25 ◽  
Author(s):  
Jennifer E. Gladieux ◽  
Michael Basile
Keyword(s):  
United States ◽  
The United States ◽  
District Court ◽  
Court Decisions ◽  
Medicare Reimbursement ◽  
Outpatient Therapy ◽  
Administrative Procedure ◽  
Medicare Coverage ◽  
Summary Judgment ◽  
Therapy Treatment

In Jimmo v. Sebelius, the plaintiffs alleged that the Centers for Medicare and Medicaid Services (CMS) regularly and improperly denied Medicare reimbursement for outpatient therapy treatment when the beneficiary did not show a likelihood of improvement. These denials, based on policy manuals and other guidance, appear to contradict the government's own regulations, which specifically prohibit coverage denials based solely on the so-called “Improvement Standard.” In Jimmo, the United States District Court for the District of Vermont found that CMS' use of the Improvement Standard may have violated the rulemaking provisions of the Administrative Procedure Act (APA) and denied CMS' motion for summary judgment. Subsequently, the parties settled out of court.In the settlement, CMS agreed to revise its policy manuals to clarify that the Improvement Standard was not an acceptable basis on which to deny Medicare coverage. CMS declined to defend its policies even though courts often grant deference to agency interpretations. The settlement implies that the agency feared that it would not have received such deference. It also implies that future Supreme Court decisions may give less deference to agency interpretations.

The Ninth Month

2019 ◽  
pp. 253-266
Author(s):  
Vanessa LoBue
Keyword(s):  
United States ◽  
Return To Work ◽  
Maternity Leave ◽  
The United States ◽  
New Mothers ◽  
Medical Leave ◽  
The Family ◽  
Pros And Cons

This chapter describes the development of the infant in the ninth month of life. As the fall approaches and the author has to return to work, she has to make different choices about childcare. Because in the United States employers are only required to provide 12 weeks of maternity leave under the Family and Medical Leave Act (FMLA), and very often that leave is unpaid, most new mothers must return to work while their children are still infants. The chapter focuses on describing different childcare options—specifically daycare versus nannies—and the pros and cons of each based on research.

Breaking Free

2017 ◽  
Author(s):  
Deirdre David
Keyword(s):  
United States ◽  
The United States ◽  
The Novel ◽  
Male Homosexuality ◽  
Domestic Life ◽  
The Family

In the mid- to late 1950s, Pamela emerged as a critically acclaimed novelist, particularly after the family returned to London. In perhaps her best-known novel, The Unspeakable Skipton, she explores the life of a paranoid writer who sponges on English visitors to Bruges. The novel was hailed for its wit and sensitive depiction of the life of a writer. She also published a fine study of a London vicar martyred in marriage to a vain and selfish wife: The Humbler Creation is remarkable for its incisive and empathetic depiction of male despair. The Last Resort sealed her distinction as a brilliant novelist of domestic life in its frank depiction of male homosexuality. While continuing to publish fiction, Pamela maintained her reputation as a deft reviewer. In 1954, she and Charles travelled to the United States—the first of many trips that were to follow.

Sign in / Sign up

Export Citation Format

Share Document