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Category Archives: CHRO & EEOC

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As the Dust Settles: Watered-Down Non-Compete Bill Passes; Social Media Password Bill Fails

By Daniel Schwartz on Posted in CHRO & EEOC, Featured, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments

The dust is still settling from the mad dash that is the end of the Connecticut General Assembly session.  I’ll have more in the upcoming days as events warrant, but here’s a quick look at a few items that I’ve been tracking in recent weeks.  A bill (HB 6658) restricting the use of non-compete agreements passed… Continue Reading

BREAKING: CHRO Bill Revised Once More; Compromise Reached and Passage Now Expected

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Legislative Developments

A new revised bill (in the form of an amendment) to amend the state discrimination statutes and amend the CHRO procedures has been posted on the Connecticut General Assembly’s site this afternoon.  The amendment (8532) can be found in the information for S.B. 1164 A review of the language shows a few changes, including the… Continue Reading

Legislative Update: Minimum Wage and Updated CHRO Bill

By Daniel Schwartz on Posted in CHRO & EEOC, Legislative Developments, Wage & Hour

Two quick updates to items I’ve covered before. Yesterday, the state Senate approved of an increase to minimum wage by 75 cents, over two years.  The bill would raise the minimum wage to $8.70 on January 1, 2014 and $9.00 an hour the following year. The Governor has pledged to sign the bill but it… Continue Reading

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

By Daniel Schwartz on Posted in CHRO & EEOC, Highlight, Legislative Developments

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism. Indeed, viewing the written testimony of CHRO Executive Director Robert Brothers in support of Senate Bill 1164, you could be left with the impression that the changes being proposed to the state’s anti-discrimination… Continue Reading

Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on Human Rights and Opportunities (CHRO) — the state agency responsible for investigating and enforcing the state’s anti-discrimination laws.  In the lawsuit, NERAC v. Krich,… Continue Reading

Quick Hits: Holiday Parties, HIPAA and ADA, Non-Compete Agreements, “Supervisor”, Facebook

By Daniel Schwartz on Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Litigation, Social Media

It’s been a crazy week here for reasons I hope to share in a future post. But in the meantime, the world of employment law still continues. Here are some items worth reading that I had hoped to talk about further. This brief recap will have to do for now. Want some tips on how to… Continue Reading

What Remedy Is Appropriate When a Jury Concludes Sexual Harassment Occurred?

By Daniel Schwartz on Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

A case out of the Second Circuit Court of Appeals (of which, Connecticut is part of) addresses an interesting question: When a jury  finds that sexual harassment has been perpetuated by a single employee, is injunctive (non-monetary) relief required to be issued by the District Court? The EEOC argued yes and argued that remedies such as… Continue Reading

Quick Hits: Election Roundup, Seminar Details, Harassment, and CTDOL Improvements

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, Legislative Developments

As the week draws to a close, it’s time for another installment of Quick Hits, where I highlight a few blog posts worth a read. As readers know, this week I’ve been posing a series of questions to the major party candidates about employment law.  Other lawyers have done the same and Jon Hyman, of… Continue Reading

Shelton Challenges CHRO’s Award of Emotional Distress Damages and Attorneys Fees

By Daniel Schwartz on Posted in CHRO & EEOC, Highlight, Litigation

Over the years, I’ve openly questioned whether the CHRO has been improperly awarding emotional distress damages and attorneys fees in employment discrimination claims.   Indeed, back in February 2009, I noted “Nearly 15 years ago, the Connecticut Supreme Court came out with a pair of decisions that seemed to put to rest the question of whether the CHRO… Continue Reading

What’s New at the EEOC and NLRB? Your “Confidential” Investigation Is At Risk

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Labor Law & NRLB, Wage & Hour

Two stories over the last few weeks have been percolating that may be of interest to employers in Connecticut.  You may not see the impact immediately, but the implications are certainly there. First, the EEOC is now looking to conduct more direct investigations — that is, investigations that are initiated without any claim by an… Continue Reading

Using Criminal Background Checks in the Hiring Process; Handle With Care

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations

The Office of Legislative Research, whom I’ve praised in several posts before (here and here), recently issued a report on the consequences of a felony conviction on employment.  Overall, it does a good job summarizing the issues when it comes to state employment. But later on in the publication it states the following when discussing… Continue Reading

Beyond the Acronyms of CTFMLA, CHRO, and PSL, Lots of Substance Discussed at CBA Annual Meeting

By Daniel Schwartz on Posted in CHRO & EEOC, Laws and Regulations, Wage & Hour

Following up on her post last week recapping part of the Connecticut Bar Association’s Annual Meeting on labor laws, Guest Poster Rita Trivedi is back with highlights from administrative law and employment law portions of the presentation. Again, my sincere thanks to her for this insightful post. I hope you all find it as interesting… Continue Reading

Harassment by Third Parties Still Requires Actions

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance

Last week, various Connecticut newspapers reported on a judicial marshal who allegedly sexually harassed four women, including a DCF worker.   Whether the charges have merit or not is a something we’ll have to leave to the judicial system itself, but it raises a point that I haven’t seen often raised. An employer’s duty to stop sexual harassment… Continue Reading

Computer Problems Continue to Plague CHRO

By Daniel Schwartz on Posted in CHRO & EEOC

Over the last year or so, I have been hearing on and off about problems that the Connecticut Commission on Human Rights and Opportunities (CHRO) has been having with its computer system.  Want statistics about how many cases are open or closed? Good luck, I’ve been told.  In fact, the detailed statistics that the CHRO… Continue Reading

EEOC Statistics Show Drop in Claims Filed in Connecticut

By Daniel Schwartz on Posted in CHRO & EEOC, Litigation

With statistics from the CHRO lacking, it’s hard to get a judge on whether claims of discrimination in Connecticut are rising or falling. The EEOC released new statistics this week, however that shed a little bit of light on the subject, albeit with a fairly small sample size. For FY 2011, the EEOC reported that… Continue Reading

EEOC Releases Important Guidance on Use of Criminal and Arrest Records By Employers

By Daniel Schwartz on Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

The EEOC yesterday released important new guidance for employers on the use of arrest and conviction records by employers under Title VII.  You can read the guidance here as well as a short question-and-answer document too.  For employers in Connecticut, this new guidance only adds to the state-specific rules we have here in state and should… Continue Reading

When is a Mandatory Deadline Less Than Mandatory? At the CHRO

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Laws and Regulations

Recently, the CHRO provided an update on the status of cases at the commission.  In a comment to the blog, Charles Krich reported “the ratio of cases closed to cases filed is a bit over 90% during the July 1, 2011 to February 29, 2012 period (3/4 of this fiscal year). In FY 11 the… Continue Reading

EEOC Publishes Final Rule on Reasonable Factors Other Than Age (RFOA)

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations

Today, the EEOC has published its final rule clarifying a portion of the Age Discrimination in Employment Act (ADEA).  You can download the rule here and a FAQ from the EEOC here.   The rule comes as a partial response to a 2008 U.S. Supreme Court decision that analyzed the issue.  The rule has some significance… Continue Reading

Tips for Preventing Sexual Harassment? Suggestions Sought by EEOC

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Social Media

Twitter is one of the more remarkable creations to come out of the last decade.  It’s huge, noisy, and hard to keep track of. It is also one of the most delicious communication tools ever invented. A tweet from earlier today confirmed my view of it. Chai Feldblum, who describes herself on her Twitter profile… Continue Reading

Veterans and the ADA – Helpful Answers to Burning Questions

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

Earlier this week, I beat Ohio lawyer Jon Hyman to the punch on a post about Leap Day.  Yesterday, he “returned” the favor, with a notable post on the release of the EEOC’s new guide: Veterans & the ADA: A Guide for Employers.  Jon looks at one issue from the guide, whether employers can give… Continue Reading

Proposal to Ban Unemployment Discrimination Heats Up

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Legislative Developments

Two bills were introduced in the Connecticut legislature last week that would ban discrimination against individuals who are unemployed. Section 8 of Senate Bill 1 and Senate Bill 79 are identical in their provisions.  They would apply to nearly all employers in the state.    The proposals would amend Conn. Gen. Stat. Sec. 46a-60(a)(6) to prohibit… Continue Reading

Quick Hits: Love in the Workplace, Public Employees, Pleading Standards, ADR, Novartis Settlement, EEOC Statistics

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

On this Valentine’s Day, while you’re out shopping for flowers and chocolate, here are a few nuggets of employment law that you might have missed lately: Since love is in the air today, Robin Shea continues the cautionary tales of sexual harassment cases in the workplace.  Jon Hyman echoes the theme with a tip on… Continue Reading