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

Tag Archives: discrimination

Will “Microaggressions” Make Their Way Into Employment Discrimination Cases? Have They Already?

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

Over the last few months, I’ve seen an increasing number of articles start highlighting an issue that has been percolating at college campuses: The theory of “Microaggression”. Not familiar with the term? The New York Times has recently written about the term become the “word du jour”: A tone-deaf inquiry into an Asian-American’s ethnic origin…. Continue Reading

Dazed and Confused About Medical Marijuana in the Workplace? Dude, It’s Just Starting

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & Hour

The news this week that Connecticut has given its approval to four medical marijuana growers in Simsbury, West Haven, Portland, and Watertown, inches the state that much closer to full implementation of the medical marijuana law that was passed in 2012. The state also reported that over 1600 individuals in Connecticut have been certified by… Continue Reading

Appellate Court Upholds Summary Judgment for Employer

Posted in Discrimination & Harassment, Litigation

Not every case that comes out from the Connecticut Appellate Court makes headlines. Take the case of Walker v. Department of Children & Families, a new case that will be officially released next week (download here). It is a fairly ordinary discrimination case — albeit a rare one where the employer has been successful on… Continue Reading

Employment Law Statistics Tell Part of a Story; Still Waiting for CHRO

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

Every once in a while, it’s worth taking a look at statistics in the employment law arena to get a sense of trends with the law and what employers should focus on.For those that have been paying attention, retaliation claims are now the most filed type of charge filed at the Equal Employment Opportunity Committee… Continue Reading

Telling the Victim in a Harassment Case to Just Fight Back or Toughen Up Is Not a Solution

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

The sports headlines this week have turned into news ones.  One football player on the Miami Dolphins, Richie Incognito, is accused of harassing (bullying? hazing?) another player, Jonathan Martin.  The details are still being determined so despite the media jumping to conclusions, it really does seem too soon to enter a final judgment on the entire incident.  But… Continue Reading

ENDA Clears Senate Hurdle but House Prospects Look Grim

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Legislative Developments

A federal bill banning workplace discrimination (known as the Employment Non-Discrimination Act “ENDA) on the basis of sexual orientation cleared a key procedural hurdle last night as the Senate voted to begin debate on the measure, 61-30.   Passage by the Senate is now expected later this week.   (You can find my prior coverage of ENDA beginning here.)… Continue Reading

Pitfalls of a “Naughty Nurse” at Work and Other Workplace Horror Stories

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

The last two years, it hasn’t been much fun to celebrate Halloween in Connecticut. Between the freak Snowtober storm and then Superstorm Sandy, it’s nice to have a relatively quiet year. But for employers, this whole “back to normal” thing could lead to unintended consequences. So, on this Halloween, it’s worth revisiting two older posts that… Continue Reading

Snap(chat), Kik & Whisper: What Social Networking Apps Your Employees Are Using Today

Posted in Highlight, Human Resources (HR) Compliance, Social Media

It may be hard to remember, but during the first year of the blog in mid-2007 to 2008, there was barely a mention of social media and its impact in the workplace.  Just a single reference in January 2008 noting that with sites like Myspace (!), “employees from around the country can share information instantly, making it… Continue Reading

What Happens AFTER a Remand from the Appellate Court?

Posted in Discrimination & Harassment, Litigation

Last year, I posted about a disability discrimination that was remanded, in part, back to the Superior Court level.   Would this result in at least a partial victory for the employer?  And more importantly, what would happen on a remand to the lower court? I noted back then the Court did uphold “most of a $500K+… Continue Reading

History Repeating Itself? $160M Settlement in Race Discrimination Brokerage Case

Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

For those of us that have been practicing for a while, it had seemed that the days of the big settlements for race discrimination cases were behind us. After all, when the Coca-Cola and Texaco settlements were announced back in the late 1990s and 2000, many companies took notice. But the news today is a… Continue Reading

Interactive Process is Two-Way Street, Appellate Court Affirms

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

The Connecticut Appellate Court will officially release an opinion next week that reaffirms that the interactive process required by both the Americans with Disabilities Act and the state law equivalent to discuss a reasonable accommodation to a disability, requires the employee to engage in the process as well. The case, Festa v. Board of Education,… Continue Reading

What Happens in Connecticut to Discrimination and Retaliation Cases After U.S. Supreme Court Case?

Posted in Discrimination & Harassment, Highlight, Litigation

Back in 1994 (in a case Levy v. Commission on Human Rights & Opportunities, for the lawyers out there) the Appellate Court in Connecticut made a seemingly innocuous pronouncement: “We look to federal employment discrimination law for guidance in enforcing our own antidiscrimination statute.” Why? Because back then, there did not seem a reason to… Continue Reading

Senator Murphy: Prospects “Not Too Good” for Federal Bill Prohibiting Sexual Orientation Discrimination (ENDA)

Posted in Discrimination & Harassment, Highlight, Legislative Developments

As 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

Former Lawmaker (and Ex-Felon) Urges Connecticut To Ban Discrimination Against Felons in 2013

Posted in Discrimination & Harassment, Legislative Developments

At 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

Four Potential Employment Law Impacts of Obama’s Next Four Years

Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation, Wage & Hour

President Obama was re-elected to a second term last night (something forecasted by stats guru Nate Silver). What does it mean for employers? I won’t go quite as far as fellow blogger Jon Hyman, who said this morning that “it just doesn’t matter” who won last night.  I think it matters in part. But the impact… Continue Reading

Medical Marijuana Giving Employers Headaches Already

Posted in Uncategorized

Today, 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

The Inspiration of Morris Dees

Posted in Discrimination & Harassment, Human Resources (HR) Compliance

As 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

The Zombie Cases: Why Defending Employment Lawsuits Can Be So Expensive

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

How many times do you have to win? That’s a question that employers may ask themselves when dealing with employment cases because the fact is, a enterprising litigant can make things quite expensive on the thinnest of facts.  Indeed, employers may be wondering if these cases are like zombies that rise up from the dead to… Continue Reading

Adverse Employment Action Required to Show Discrimination, At Least in Connecticut

Posted in Discrimination & Harassment

This morning, Jon Hyman over at the Ohio Employer’s Law Blog, reported on a 6th Circuit decision that suggested that an employment discrimination claim could survive even in the absence of a jury finding an “adverse employment action.” Yesterday, a District Court decision in Connecticut said exactly the opposite.  Indeed, the court granted an employer’s… Continue Reading

10 Questions About the Harassment Lawsuit Against Geno Auriemma

Posted in Discrimination & Harassment, Litigation

Yesterday, a security director for the NBA filed a lawsuit against USA Basketball, UConn Women’s Basketball Coach Geno Auriemma, and the NBA.  It is just that — a complaint — nothing more and nothing less. Yet it is treated by many in the media as if the allegations have been proven true.  (And Auriemma called… Continue Reading

Medical Marijuana Bill Includes Restrictions For Employers

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments

The 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

Conn. Supreme Court: Law Bars Hostile Work Environment Based on Sexual Orientation

Posted in Discrimination & Harassment, Litigation

The Connecticut Supreme Court, in a decision that will be officially released on May 15, 2012, today ruled unanimously that Connecticut’s anti-discrimination laws implicitly create a claim for hostile work environment based on an employee’s sexual orientation.  The state’s anti-discrimination laws have long been interpreted to bar a hostile work environment based on gender, but… Continue Reading

Legislative Update: Conn. Senate Votes to Ban Discrimination Against Unemployed in Ads

Posted in Discrimination & Harassment, Legislative Developments

UPDATED AND CORRECTED The Connecticut Senate this afternoon voted 30-5 to ban employers and employment agencies from discriminating against the unemployed in job advertisements. As recapped by the Office of Legislative Analysis, “This bill makes it a discriminatory employment practice to advertise employment opportunities in a way that discriminates against anyone because he or she… Continue Reading

Connecticut Supreme Court Stakes Out “Similarly Situated” and Statistical Standards

Posted in Discrimination & Harassment, Litigation

As we continue the analysis of this week’s Connecticut Supreme Court decisions, the court also clarified how employees can prove their claims of discrimination in Perez-Dickson v. City of Bridgeport.  It is the first opinion in some years to do so and employers (and practitioners) will likely want to cite this case on a going-forward… Continue Reading