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
Tag Archives: ADA
Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA
Posted in Highlight, LitigationThe Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a future post (though if you’re really curious you can read it here.) To me, the more interesting of… 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
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
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
Medical Marijuana and Work: Where We Stand Now
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource CenterIt’s been nearly two months since Connecticut’s “medical marijuana” law became effective. Yet many employers have been blissfully ignorant about what the law provides, perhaps because Connecticut does not yet have a home-grown supply of marijuana and the registration process is just beginning. But because of the law’s appeal, I would expect the impact to increase substantially… Continue Reading
Medical Marijuana Giving Employers Headaches Already
Posted in UncategorizedToday, our firm held the last of two free seminars on employment law. Thanks to all who attended. Surprisingly, one of the issues our attendees had a bunch of questions on was the new medical marijuana bill that became effective October 1, 2012. Now, I’m not going to go back over the entire bill in… 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
Quick Hits: NY Deductions, ADA Accommodations, Offers of Judgment, FMLA Report, Facebook & Hiring
Posted in Class Actions, Human Resources (HR) Compliance, Laws and Regulations, Social Media, Wage & HourAs the dog days of summer drag on, the news from the employment law arena slows to a trickle. But here are a few recent stories that may be of interest to employers in Connecticut. New York recently expanded the types of things that employers can deduct from wages. For Connecticut employers with cross-border employees,… Continue Reading
Quick Hits: Medical Marijuana, Failure to Promote Standard, Starbucks and the NLRB, Labor Agreements, Social Media Policies
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NRLB, Legislative Developments, Social MediaBack from Memorial Day weekend, there’s plenty of employment law news that I haven’t had time to write about. So here’s a brief recap of some recent items that may be of interest to employers: With Connecticut passing a new medical marijuana bill, one question that has arisen is whether the ADA protects employees using… Continue Reading
Medical Marijuana Bill Includes Restrictions For Employers
Posted in Highlight, Human Resources (HR) Compliance, Legislative DevelopmentsThe General Assembly over the weekend passed a comprehensive bill that permits individuals to use marijuana for palliative purposes. The bill is expected to be signed by the Governor this month. Besides just permitting individuals to use marijuana, it has several important provisions that will impact employers in Connecticut. Unfortunately, as the history of medical marijuana… Continue Reading
Veterans and the ADA – Helpful Answers to Burning Questions
Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource CenterEarlier 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
With DSM-5 on the Way, Is It Time to Update Definition of “Mental Disability”?
Posted in Discrimination & Harassment, Legislative DevelopmentsIn May 2013, a fifth version of the Diagnostic and Statistical Manual of Mental Disorders is expected to be published. It is widely anticipated in the mental health field. What is the DSM-5 all about? DSM is published by the American Psychiatric Association (APA) and contains descriptions, symptoms, and other criteria for diagnosing mental disorders…. Continue Reading
FAQ on Applying Performance Standards to Employees with Disabilities
Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource CenterAt the core of every employment relationship is the expectation that the employee will perform the job satisfactorily. But what happens to those performance expectations when an employee has a disability? As the federal government has acknowledged, The Americans with Disabilities Act, which prohibits “employment discrimination against qualified individuals with disabilities, generally do[es] not impinge… Continue Reading
Court: Pregnancy Discrimination Act Covers Maternity Leave Too
Posted in Discrimination & Harassment, Highlight, LitigationHere’s an interesting question: Does the Pregnancy Discrimination Act protect an employee who is no longer pregnant? A federal court decision in Connecticut yesterday says, yes. The case, Canales v. Schick Manufacturing, Inc. can be downloaded here. The Pregnancy Discrimination Act (PDA) is part of Title VII and states that “women affected by pregnancy, childbirth,… Continue Reading
Court: No Injury by Employer = No Standing = No Case
Posted in Discrimination & Harassment, LitigationThe running joke by employment lawyers is that even though Connecticut is an at-will employment state, employees can sue their employers at any time for any reason or no reason at all. (I’ll wait while you laugh groan.) The joke touches on the perception by employers that employees can seemingly file the most frivolous of… Continue Reading
Being Wary of the Virtual Workplace
Posted in Human Resources (HR) ComplianceIs the “Virtual Workplace” — where employees can telecommute from home or merely check e-mail via a smartphone — a dangerous place for employers? No. At least not any more so than the brick and mortar one. Sure there are risks to manage, but employers are used to managing those types of situations all the… Continue Reading
Quick Hits: Employee Leave Under ADA, Law Review Articles, CBA Annual Meeting, Nonprofits, Boeing & NLRB
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NRLB, Social MediaAs we wrap up a week with, go figure, more rain, we’re starting to get deep into the important part of the year: The Yankees-Red Sox rivalry. In the meantime, here are a few odds and ends you might have missed or you might be interested in surrounding the world of employment law: Giving employee’s… Continue Reading
Marijuana is Decriminalized, But Employers Can Still Ban Workers From Using It
Posted in Human Resources (HR) Compliance, Legislative DevelopmentsLast week, the General Assembly approved of reduced penalties for people caught with relatively small amounts of marijuana in their possession. Notice the use in the title of the word “decriminalize”; that is a different term than “legalize”. This raises the obvious question: Can employers in Connecticut still regulate and ban employee usage of marijuana?… Continue Reading
Regarding Employee as “Paranoid” and “Irrational” Not Enough To Satisfy ADA (at least pre-ADAAA)
Posted in Discrimination & Harassment, LitigationYou’ve seen a lot on this blog about how the ADA Amendments Act (ADAAA) may have a significant impact on how employment discrimination cases proceed. We haven’t had many cases yet to judge that on because the Act was not retroactive, but a case recently decided in Connecticut District Court gives us some insight into… Continue Reading
Impairments That Merely Affect Major Life Activities Not Covered by ADA, Says Federal Court
Posted in Discrimination & Harassment, LitigationToday, my colleague Jonathan Orleans makes a return engagement to the blog, updating us on a decision released by the District Court of Connecticut yesterday that has relevance to various ADA cases in the state. The Defendant was successfully represented by another colleague of mine here at the firm, Marcy Stovall. A decision issued yesterday… Continue Reading
Quick Hits: GINA and Wellness Programs and More
Posted in Laws and Regulations, Legislative Developments, LitigationSo with the Supreme Court’s decision last week, there’s lots of other items that have slipped under the radar. (It’s Daylight Savings Time this Saturday, for example, which means spring is right around the corner.) Here’s some of things you might have missed: Wellness programs are all the rage. But do they violate GINA? That’s the… Continue Reading
Wait. Charlie Sheen Has Essential Duties? A Legal Look at His Termination Letters
Posted in Human Resources (HR) ComplianceThe media storm over the last two weeks regarding actor Charlie Sheen (and his Tiger Blood) reached a new frenzy this week as Warner Brothers Television finally issued its notice of termination of the actor. Jon Hyman, over at the Ohio Employer’s Law Blog, had a great post earlier today about this and reviewed the… Continue Reading
Is The Incredible Hulk Covered Under the ADA?
Posted in Human Resources (HR) ComplianceDecember is a notoriously slow time when it comes to employment law news. Sure, there’s the NLRB’s announcement today that it is proposing a new rule that would require all employers to put up a posting about labor rights. There’s also word that the DOL is seeking comment on issues relating to reasonable break time for… 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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