Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: certiorari

U.S. Supreme Court Wrapup: Cat’s Paw Theory and Text Messages

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

The U.S. Supreme Court yesterday was in the middle of two employment law related topics. Nothing was settled but employers should keep an ear out for the resolution of two cases. First up, oral argument in City of Ontario v. Quon was held yesterday.  The case will likely resolve the issue of the privacy levels… Continue Reading

BREAKING: U.S. Supreme Court Declines Review of Church Homes (Avery Heights) v. NLRB Case

By Daniel Schwartz on Posted in Labor Law & NRLB, Litigation

The U.S. Supreme Court this morning, without comment, declined to overturn a NLRB decision that found that Church Homes (also known locally as Avery Heights) committed an unfair labor practice when it failed to reinstate the permanently replaced economic strikers upon their unconditional offer to return to work.  I’ve discussed this case extensively in some… Continue Reading

Second Circuit Allows Employer to Throw Out Test Results That May Have Had Disparate Impact On African-Americans

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

Ed: Updated to reflect newer posts and correct style There are many employment lawyers who subscribe to the belief that "No Good Deed Goes Unpunished".  A case out of Connecticut and the Second Circuit this month certainly won’t change that perception.  Indeed, although the case may have political undertones, it sets up a classic factual… Continue Reading

ADA Reassignment: Must Employee Be Reassigned to Vacant Position or Merely Be Permitted to Apply

By Daniel Schwartz on Posted in Discrimination & Harassment

The U.S. Supreme Court this afternoon granted certiorari to an important question under the Americans with Disabilities Act, namely whether disabled employees must be reassigned to a vacant position for which they are qualified or merely be permitted to apply for such a position. In Huber v. Walmart, the Eighth Circuit held for the employer… Continue Reading