- Staff Writer | August 31, 2006 1:54 PM |
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Workplace DiscriminationIf an employer is accused of discriminating in violation of Title VII, a powerful source of adverse testimony can come from ex-employees. The 10th Circuit Court of Appeals has long held that "the testimony of other employees about their treatment by the defendant is relevant to the issue of the employer's discriminatory intent." Spulak v. K Mart Corp., 894 F.2d 1150, 1156 (10th Cir. 1990); see...
- Staff Writer | August 31, 2006 9:51 AM |
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Workplace DiscriminationAn employer accused of an Equal Pay Act violation may be held liable, without a showing of intent. If an employer pays persons of different sex differently and is alleged to have done so on the basis of sex, the employer must prove one of the following: 1) a seniority system; (2) a merit system; (3) a pay system based on quantity or quality of output; (4) a disparity based on any factor other...
- Staff Writer | August 30, 2006 1:48 PM |
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Workplace DiscriminationIn Mickelson v. New York Life Insurance Co., the 10th Circuit Court of Appeals held in favor of an employee who claimed that she had been discriminated against with respect to pay. The Court noted that there are two ways a plaintiff can proceed on a claim of salary discrimination: on a theory of intentional discrimination on the basis of sex in violation of Title VII, or on a theory of wage...
- Staff Writer | August 30, 2006 11:40 AM |
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Workplace DiscriminationAn employer can use objective criteria or subjective criteria to determine whom to employ or promote or terminate. An employee's failure to meet the objective criteria generally terminates claims of discrimination and can result in summary dismissal of the plaintiff's claims. However, the failure to meet subjective criteria is generally not fatal to the plaintiff's claims. In such a case, the...
- Staff Writer | August 29, 2006 4:13 PM |
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Workplace DiscriminationIn Hollern v. Wachovia Sec., Inc., No. 05-1253, 05-1300 (10th Cir. August 17, 2006), the 10th Circuit reversed a district court's order setting aside an award of attorney fees entered in an arbitration. The Court held that the arbitrators did not act wrongfully in making this award. Arbitration has taken the place of traditional trials, and it can provide swift relief or it can create...
- Staff Writer | August 29, 2006 11:38 AM |
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Workplace DiscriminationIn a recent decision from the 10th Circuit, the Court ruled against Wal-Mart/Sam's Club, and affirmed a jury's verdict finding that the Company had engaged in age discrimination by failing to promote. The Age Discrimination in Employment Act, known as ADEA, makes it unlawful for an employer to "discriminate against any individual with respect to his compensation, terms, conditions, or...
- Staff Writer | August 28, 2006 9:35 PM |
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Workplace DiscriminationColorado law provides that a non-compete agreement is considered void (of no effect) unless it falls within one of four statutory criteria. This is because Colorado deems the employee's right to work as being the most important interest, unless the employer demonstrates that a restrictive covenant is both necessary and no broader than necessary. A non-compete agreement that falls within one of...
- Staff Writer | August 28, 2006 9:30 PM |
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Workplace DiscriminationTitle VII expressly forbids discrimination based on religion. The term "religion" can include a belief system, religious observance or religious practice. It can also include moral beliefs that have the weight of a traditional religious view. Generally, employers must make reasonable accommodation for the religious beliefs of their employees, unless it would cause undue hardship on the...
- Staff Writer | August 27, 2006 9:28 PM |
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Workplace DiscriminationThe Age Discrimination in Employment Act, also know as ADEA, and the Colorado Anti-Discrimination Act prohibit discrimination against any person who is more than 40 years of age. Federal case law provides that when one employee is replaced by a younger person, who is also more than 40 years of age, a claim for age discrimination may still be made. If you have questions about age...
- Staff Writer | August 26, 2006 9:25 PM |
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Workplace DiscriminationTitle VII prohibits discrimination based on national origin. It also prohibits discrimination against a person because they associate with persons of a different national origin, whether by marriage or other social relationship, by involvement in organizations identified with a particular national origin, or by having a name associated with a particular group. If you have questions about...
- Staff Writer | August 25, 2006 9:23 PM |
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Workplace DiscriminationTitle VII forbids the maintenance of a hostile workplace. However, Title VII is not a general civility code. It does not forbid the normal kinds of interactions between employees, which may be angry, rude or downright offensive. Rather, a hostile workplace occurs when prohibited matters are so severe or pervasive as to affect the terms and conditions of a person's employment. If you have...
- Staff Writer | August 24, 2006 9:16 PM |
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Workplace DiscriminationThe United States Equal Employment Opportunity Commission, known as the EEOC, has the responsibility to enforce most of the anti-discrimination laws of the United States? This includes Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), In Colorado, the EEOC shares responsibility for enforcement with the Colorado Civil Rights Division, an agency...
- Staff Writer | August 23, 2006 11:40 PM |
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FDA & Prescription DrugsA study involving over 10,000 post-menopausal women over five years has concluded that, although Eli Lilly's osteoporosis treatment Evista reduces the risk of breast cancer, it also brings a 49% higher chance of a fatal stroke. Evista has been associated with an increased risk of blood clots for some time, and the drug maker's label warns of that. But the increased risk of fatal stroke was...
- Staff Writer | August 23, 2006 9:12 PM |
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Workplace DiscriminationIf you were injured on the work site, you may have the right to file a worker's compensation claim.
- Staff Writer | August 22, 2006 9:10 PM |
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Workplace DiscriminationColorado permits the filing of unemployment compensation claims on line.
- Staff Writer | August 22, 2006 12:27 AM |
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FDA & Prescription DrugsNutraceutical Corp. v. Eschenbach, August 17, 2006In this case, the 10th Circuit overturned an order entered in favor of manufacturers of dietary supplements containing ephedra. The 10th Circuit held that the FDA properly carried out its statutory function by determining that there was no safe level of ephedra. What is particularly interesting is that the 10th Circuit commented that the FDA's...
- Staff Writer | August 21, 2006 9:55 PM |
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Workplace DiscriminationIn Antonio v. Sygma Network, Inc., No. 05-1374 (10th Cir. August 17, 2006), the 10th Circuit affirmed a judgment without trial for an employer, who was sued by an employment claiming employment retaliation and discrimination. The Court concluded that the trial court properly ruled that: 1) plaintiff's prima facie case of retaliation failed for lack of causation; and 2) her discrimination case...
- Staff Writer | August 21, 2006 8:12 PM |
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FDA & Prescription DrugsOn August 17, 2006, the 10th U.S. Circuit Court of Appeals in Denver ruled the U.S. Food and Drug Administration correctly followed a mandate from Congress to analyze the risks and benefits of a product; the agency determined that there is no acceptable dosage level of ephedrine-alkaloid dietary supplements. The FDA banned ephedrine-based supplements as of April 12, 2004, after finding that...
- Staff Writer | August 18, 2006 12:09 AM |
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Workplace DiscriminationA class of female employees at The Boeing Company's Wichita, Kansas facility sued claiming discrimination in overtime assignments and compensation. On August 7, 2006, the 10th Circuit Court of Appeals held in favor of Boeing and against the female employees on their appeal of the trial court's decisions regarding class certification.
- Staff Writer | August 17, 2006 11:15 PM |
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FDA & Prescription DrugsA federal jury has awarded $51 million to 62-year old Gerald Barnett, a former FBI agent who suffered a heart attack in 2002. Jurors in New Orleans found that Merck & Co. "knowingly misrepresented or failed to disclose" information about Vioxx to Barnett's doctor, who said that if Merck had disclosed the risks associated with Vioxx earlier, he would not have prescribed it for his patient. Mr....
- Staff Writer | August 17, 2006 12:00 AM |
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MiscellaneousIf you have questions about using Colorado's Small Claims Court to resolve a dispute, the claim must be worth no more than $7500.00.
- Staff Writer | August 15, 2006 11:46 PM |
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MiscellaneousThis is the last part in a three part series on avoiding becoming the victim of investment fraud. Be aware of excessive delays when you request to withdrawal your money from the person or company with whom you are investing. They may give you complicated excuses for why your money is not available for withdrawal. The truth is if you are not invested in a fixed term security, like bonds, there is...
- Staff Writer | August 15, 2006 6:17 PM |
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MiscellaneousThe U.S. Consumer Product Safety Commission today announced a voluntary recall of the several notebook batteries for at least three machine models.Latitude: D410, D505, D510, D600, D610, D800, D810Inspiron: 510M, 600M, 6000, 8600, 9200, 9300, XPS Gen 2Precision M20 and M70 mobile workstations. These batteries were sold with with the computers and as secondary batteries and in response to...
- Staff Writer | August 15, 2006 4:20 PM |
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FDA & Prescription DrugsDocuments produced in a 1996 lawsuit have revealed some hitherto little known secrets about how drug companies influence doctors to prescribe their drugs. In addition to mainstream marketing and the very common free lunches provided by drug representatives, MSNBC.com draws on a recent article in the Annals of Internal Medicine to detail insidious, though apparently legal, techniques used to...
- Staff Writer | August 14, 2006 11:43 PM |
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MiscellaneousThis is the second part in a three part posting regarding tactics and warnings for investors to protect themselves against the prevalent crime of investment fraud.If you are new to the investment arena, exercise special caution. Often investment fraud occurs because a salesperson intimates or overwhelms a person with complex financial jargon and complicated explanations. Be sure to ask many...
- Staff Writer | August 13, 2006 11:39 PM |
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MiscellaneousThe Securities Commissioner for the State of Texas provides 10 tips to help consumers prevent investment fraud and avoid becoming victims of this all-to-common crime. I found the advice is a good reminder to all of us on common sense investing. Continue reading for the first of three posts on wise investing. Would-be investors should thoroughly investigate a possible investment and the...
- Staff Writer | August 13, 2006 11:37 PM |
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Automobile AccidentsAccording to Reuters, Ford has extended 2005's 3.8 million vehicle recall to include over 1.2 million vehicles manufactured at the Chamberlain Lane, Kentucky Truck Plant. This includes the F-250, F-350, F-450 and F-550 trucks built from1994 - 2002, 2000-2004 Excursions, 1998 Explorer and Mercury Mountaineer SUVs and 1996 - 2002 commercial vans built in Louisville. It appears that fire may break...
- Staff Writer | August 12, 2006 11:34 PM |
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Automobile AccidentsAccording to the Denver Post, police have arrested a man accused of killing a motorcyclist in a hit and run accident. Gregory M. Rutschman is in jail, charged with crimes such as vehicular homicide, and drunk driving. Rutschman, early Tuesday morning, ran a red light on South Kipling Street and collided with the motorcycle. The motorcyclist, Kevin A. Vanwyk, was stuck under the vehicle and...
- Staff Writer | August 11, 2006 11:31 PM |
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FDA & Prescription DrugsA jury in Philadelphia ruled against McNeil Pharmaceuticals as they awarded $5 million USD to parents whose 1 year-old boy died when he was given Infants' Tylenol. The parents gave their boy a Children's Tylenol dose of Infant's Tylenol, unaware that Infant's Tylenol has three times the concentration of acetaminophen. The family's attorney said that McNeil should not only add an additional...
- Staff Writer | August 10, 2006 11:27 PM |
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FDA & Prescription DrugsIn an urgent announcement, WebMD reports that the Mentholatum Company has recalled the WellPatch Cough & Cold Soothing Vapor Pads because children who take off the pad and chew on it could get seriously ill and may even experience seizures. The FDA advises anyone in possession of the pads to discard or return them to the purchase place and receive a full refund. The label on the Vapor Pads...
- Staff Writer | August 09, 2006 11:52 PM |
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Workplace DiscriminationOn August 1, 2006, the 10th Circuit Court of Appeals, in an unusual show of descriptive writing, observed the following, when ruling on claims of breach of contract in the 1984 sale of the majority of stock in the partnership that owned the Denver Broncos. "If sport be a metaphor for life, then surely the sale of a National Football League franchise must be like the game itself. Sophisticated...
- Staff Writer | August 09, 2006 11:34 PM |
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Automobile AccidentsAccording to the Denver Post, police have arrested a man accused of killing a motorcyclist in a hit and run accident. Gregory M. Rutschman is in jail, charged with crimes such as vehicular homicide, and drunk driving. Rutschman, early Tuesday morning, ran a red light on South Kipling Street and collided with the motorcycle. The motorcyclist, Kevin A. Vanwyk, was stuck under the vehicle and...
- Staff Writer | August 09, 2006 11:23 PM |
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FDA & Prescription DrugsThe Los Angeles Times reported that the EPA, in a long anticipated move, has banned Lindane for use in pesticides. Lindane is a pesticide similar to DDT and over 52 different countries have limited its use. Lindane can cause significant damage to the environment as it does not break down naturally and can contaminate food chains and oceans. In addition, Lindanes can cause severe damage to humans...
- Staff Writer | August 07, 2006 11:35 PM |
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FDA & Prescription DrugsAccording to a report by Reuters Health, certain types of painkillers could increase the risk of heart attack. A study in Finland not only examined the effects of painkillers such as Celebrex, but also other non-steroidal anti-inflammatory drugs (NSAIDs) such as ibuprofen and aspirin. The study concluded that the use of any type of NSAIDs, may increase risk of heart attacks by 40%. This...
- Staff Writer | August 07, 2006 12:39 PM |
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Workplace DiscriminationWhen reservists working in one of the U.S. military branches are called to serve, the law mandates that the reservist's civilian job be held by his or her employer. The employment law statute says that the reservist "must be put back in the same or similar position with like seniority, status and pay." Some companies, however, still do not comply with the law by firing or demoting employees who...
- Staff Writer | August 06, 2006 11:33 PM |
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Automobile AccidentsAccording to the AP, Chrysler announced the recall of over 800,000 Jeep Liberty SUVs because of the possibility of drivers losing steering control. This comes as the automaker has received over 100 reported problems, some of which resulted in injury. This follows a recall on more than 300,000 Liberty vehicles in 2003, due to problems with the front suspension. Liberty owners will receive recall...
- Staff Writer | August 06, 2006 9:15 AM |
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MiscellaneousAs part of the process of deciding who to work with to handle your investments you may consider looking up their background using NASD's Broker Check. This allows you to find out where your broker is licensed. It also allows you to find out about SOME prior complaints against your broker. It may be all the complaints, but it may not be all the complaints. You may wish to ask your broker about...
- Staff Writer | August 05, 2006 11:25 PM |
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Workplace DiscriminationThe AP reports that flight attendants with Northwest will begin unannounced strikes on August 15 at 9:01 p.m. CDT if Northwest does not stop the imposition of a new contract on employees. Questions remain about the legality of such a strike. Airline law and bankruptcy code may be challenged in court as Northwest 2005 bankruptcy allows new contracts to be established. They believe that not only...
- Staff Writer | August 05, 2006 9:11 AM |
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MiscellaneousWhile most of brokers, or financial representatives, are probably trying to do what they beleive is best for their clients, the brokers themselves may be misled, or just not know any better. Sometimes even decent brokers get convinced to sell a scam and don't realize they are participating in a scam.The old adage about "if it sounds good to be true it probably is," is so often true. Be very wary...
- Staff Writer | August 04, 2006 11:14 PM |
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MiscellaneousIdentity theft is a significant threat to personal security and information. A combination of the sheer volume of poorly protected personal data, insecure passwords and companies and government's with poor operations security practices, identity theft may become the most common crime to affect American's overall. Some areas of the U.S. may facilitate this type of theft through poor security...
- Staff Writer | August 03, 2006 11:11 PM |
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FDA & Prescription DrugsAccording to Reuters, a federal appeals court may cut short the patent expiration date for Pfizer's blockbuster drug, Lipitor. The U.S. Appeals Court cancelled one of the two patents in the case, which may result in Lipitor's patent expiration date moving up from June 2011 to March 2010.A brand name drug will usually lose 80% of the market when generic drugs become available. Pfizer stands to...
- Staff Writer | August 02, 2006 11:03 PM |
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MiscellaneousThe Seattle Times reports that according to a Senate report, the Quellos Group, a large investment firm based in Seattle, used false securities arrangements with offshore corporations to protect rich clients from taxes by sheltering $2 billion in capital gains. Government investigators believe that these actions may have cost the U.S. Treasury over $300 million USD.Quellos, established in 1994,...
- Staff Writer | August 02, 2006 10:59 PM |
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FDA & Prescription DrugsThe FDA accused Eli Lilly and Co. of "misleading" marketing, issued a formal warning letter, and asked them to stop publishing and distributing a brochure about the drug Alimta. If Lilly does not resolve the issue the FDA may decide to impose various penalties on the company. Federal officials reported that Lilly "omits material facts and risk information essential to the safe and effective use"...
- Staff Writer | August 02, 2006 10:41 PM |
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FDA & Prescription DrugsAccording to the AP, a study indicates that the popular drug Gleevec (Glivec) may cause severe heart problems, including congestive heart failure. While the report, by Dr. Thomas Force a professor at a Medical College in Philadelphia, indicates significant heart damage can occur while using Gleevec, Force contends that this study is only a warning to doctors and consumers of the potential...
- Staff Writer | August 02, 2006 8:53 AM |
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FDA & Prescription DrugsAccording to a report in the Dallas Morning News, medical specialists met to determine the effect of Fosamax and other osteoporosis medication on the jaw bone. In 2003, doctors first began seeing patients develop osteonecrosis of the jaw while using Fosamax and other similar drugs. Since then, over 400 other instances have been reported to medical journals. Osteonecrosis in the jaw is very...
- Staff Writer | August 01, 2006 10:39 PM |
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FDA & Prescription DrugsAccording to a report by ABC News, a joint taskforce, set up by the British Pharmaceutical Industry and BioIndustry Association, advised on new procedure to protect patients during drug trials, following a devastating trial that injured six people. The drug trial of TGN 1412, manufactured by the company TeGenero, shocked the community and pharmaceutical industry when it left six men critically...