Back in March 2012, I penned (such a colloquial phrase) a piece about new protocols that were being rolled out in employment discrimination cases in federal courts nationwide. Since that time, the District of Connecticut has been slowly and quietly adopting them in various cases. A quick review of the District of Connecticut website does… Continue Reading
Category Archives: Discrimination & Harassment
Subscribe to Discrimination & Harassment RSS FeedSenator Murphy: Prospects “Not Too Good” for Federal Bill Prohibiting Sexual Orientation Discrimination (ENDA)
Posted in Discrimination & Harassment, Highlight, Legislative DevelopmentsAs many wait for the Supreme Court’s decision later this term on same-sex marriages, one issue that seems to get lost in the shuffle is the fact that there is still no federal law prohibiting discrimination in employment on the basis of sexual orientation. For employers in Connecticut, this is basically a non-issue because Connecticut… Continue Reading
Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says
Posted in Discrimination & Harassment, Highlight, LitigationWith the changes to the ADA laws a few years back broadening the definition of a “disability”, there was some speculation (including on this blog) that we would not see very many instances where a court would throw out an ADA claim on the grounds that the employee could not prove he had a disability…. Continue Reading
The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage
Posted in Class Actions, Discrimination & Harassment, Highlight, Litigation, Wage & HourSuppose you have your employees’ sign agreements to arbitrate all of their employment disputes. (I’ve talked about arbitration agreements in many posts before.) Can you have an arbitration agreement that says that an employee is precluded from bringing a Title VII (race or gender discrimination) class action claim in Court? Employees have argued that because most arbitration agreements… Continue Reading
Is Being On Time an Essential Function of Job? Second Circuit Says Most Times But Not Always
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource CenterI’m late / I’m late / For a very important date. / No time to say “Hello, Goodbye”. / I’m late, I’m late, I’m late. — White Rabbit, from “Alice in Wonderland” (1951) Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival is… Continue Reading
More Examples of Why Valentine’s Day is a Bad Day for Employers
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, LitigationTwo years ago, I wrote of the perils of Valentine’s Day. While it may be a day for lovers, it is also a day where people do crazy (read: stupid) things. I am not talking about Crazy. Stupid. Love. (Good movie, silly name.) I’m talking about things that can lead to a sexual harassment lawsuit. … Continue Reading
Can Being Called “Too Flamboyant” Be Basis for State Gender Discrimination Claim?
Posted in Discrimination & Harassment, Highlight, LitigationLet’s play the “law school hypothetical” game for a minute. (I know, not as exciting as a cat being chosen in Monopoly, but bear with me.) You hear the following allegations: An gay, male employee starts works as a teacher in an “New Beginnings Alternative” program at a public school. During his employment, he is subject to derogatory statements by… Continue Reading
Gender Inequality Claims Make Headlines in Case and in New Study
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Legislative Developments, Litigation, Manager & HR Pro’s Resource Center, Wage & HourOver the last week, two unrelated stories caught my eye. For employers, they are a reminder that claims of pay inequality based on gender are still something to be concerned about. The first story is that Governor Malloy announced plans for a new study to examine “factors that contribute to the gender wage gap in Connecticut’s workforce.” … Continue Reading
Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, LitigationA 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
Connecticut’s “Reasonable Leave of Absence” for Disability Resulting from Pregnancy
Posted in Discrimination & Harassment, Highlight, Laws and Regulations, UncategorizedLast week, Attorney Robin Shea of Employment & Labor Insider proposed 10 rules of etiquette that “will save you from a pregnancy discrimination suit”. Rule No. 1? Pregnancy is always good news. Always. Always. Always. If you haven’t read it, I’ll wait. There are lots of rules regarding pregnancy that may come into play including FMLA,… Continue Reading
Former Lawmaker (and Ex-Felon) Urges Connecticut To Ban Discrimination Against Felons in 2013
Posted in Discrimination & Harassment, Legislative DevelopmentsAt a Sentencing Commssion hearing last week, former state lawmaker Ernie Newton — who was convicted in 2006 on corruption charges — urged commission members to address hiring discrimination against ex-felons, reports CT News Junkie. There is no indication yet that they will do so, but his comments raised some eyebrows in the press. Newton’s… Continue Reading
Quick Hits: Holiday Parties, HIPAA and ADA, Non-Compete Agreements, “Supervisor”, Facebook
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Litigation, Social MediaIt’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?
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, LitigationA 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
Court Reviews What Type of Job Search is Required of Terminated Employee
Posted in Discrimination & Harassment, LitigationIn the five plus years of this blog, it’s rare to find topics that I haven’t covered, at least minimally. One such topic, though, is the notion of “mitigation of damages”. It is a concept found in lots of cases, but it has particular importance in employment discrimination cases. An employee who claims he (or she)… Continue Reading
A Look Back at Obama’s (First?) Four Years and Employment Law
Posted in Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Wage & HourFinally, today is Election Day. And while the pundits tonight will all look forward to what the next four years might bring, it’s worth taking a quick peek back at Obama’s (first?) four years with a review of some of the posts from 2008-9. Before his term, there were predictions that he would be good… Continue Reading
Secrets of the ABA Labor and Employment Law Annual Conference
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation, Manager & HR Pro’s Resource Center, Social Media, Wage & HourThe American Bar Association’s Labor & Employment Law Annual Conference is going on right now in Atlanta, Georgia. As I’ve recapped on this blog before (here, for example), there are some terrific programs and educational opportunities there. I wasn’t able to make it down this year, but due to the wonders of technology, I’ve been… Continue Reading
Quick Hits: Election Roundup, Seminar Details, Harassment, and CTDOL Improvements
Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, Legislative DevelopmentsAs 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
Does Cabbie’s Fear of Dogs Trump Requirement to Allow Service Dogs?
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, LitigationA cab driver, who claims he suffers from cynophobia (a fear of dogs) and who refused to pick up a blind customer with a service dog, has filed a federal lawsuit against his employer for discrimination on account of his disability after he was fired. The suit of Ahmad v. Yellow Cab Co., which was filed… Continue Reading
Taxes are Inevitable … Even on Judgments For Front and Back Pay in Discrimination Cases
Posted in Discrimination & Harassment, Highlight, LitigationEveryone knows that taxes are inevitable. Except perhaps one employee who won his Title VII case but complained that the employer shouldn’t have made withholdings for taxes when it paid out the judgment. The Second Circuit, in a decision released right before the Labor Day weekend, said the employer did the right thing. You can read the case, Noel… Continue Reading
Five Years Later, Overruled Statute on Religious Discrimination in Connecticut Remains On the Books
Posted in Discrimination & Harassment, Laws and RegulationsAs I get closer to the five year anniversary of this blog next month, I continue to take a look again at topics I covered early on. One of those topics was the oft-overlooked statute of Conn. Gen. Stat. 53-303e. That statute purports to make it a crime for employers to require employees to work… Continue Reading
When a Employer’s Decisionmaker is Unavailable, What Then?
Posted in Discrimination & Harassment, Highlight, LitigationA new case out of the Second Circuit answers a question that has perplexed employers: How can an employer defend itself from an employment discrimination claim when the person who made the decision becomes “unavailable?” (“Unavailable” can take many meanings such as, the witness is out of the country, but in many cases it means the witness… Continue Reading
What’s New at the EEOC and NLRB? Your “Confidential” Investigation Is At Risk
Posted in CHRO & EEOC, Discrimination & Harassment, Labor Law & NRLB, Wage & HourTwo 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
The Inspiration of Morris Dees
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceAs I mentioned in an earlier post, I had the opportunity to represent Connecticut as its State Delegate at the ABA House of Delegates meeting in Chicago on Monday and Tuesday. While some of what we did will be of interest to lawyers only, the ABA presented its highest honor, the ABA Medal, to Morris Dees. Many… Continue Reading
Court Rejects Perceived Disability Claim
Posted in Discrimination & Harassment, LitigationWhile I’m out at the ABA House of Delegates meeting (and will provide an update on that later on), the Connecticut Appellate Court today ruled that Connecticut’s anti-discrimination laws do not cover a “perceived disability” claim. What does that mean? Under federal law, an employer who regards an employee as having a disability is prohibited… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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