I have plenty of “guilty pleasures” when it comes to television watching. Dancing with the Stars isn’t one of them. (Though considering how my Yankees did last night, I probably should’ve just changed the channel to watch DWTS instead). But DWTS has a knack for making headlines (Bristol Palin, anyone?) and this season is no… Continue Reading
Tag Archives: discrimination
You’ve Got the “Look” But Do You Know the “Law”?
Posted in Human Resources (HR) Compliance, Laws and RegulationsIn the retail and hospitality industries, employers sometimes are searching for that special “look” that can help define them. Abercrombie and Fitch is certainly one of those types of businesses, and you can think to various hotels, nightclubs or retail stores for other examples. But is it legal? That’s the subject of an interesting column… Continue Reading
Summary Judgment For Tunxis Community College On Claims of Gender Discrimination
Posted in Discrimination & Harassment, LitigationAs I’ve lamented from my very first post, too often the press focuses on new cases that are brought without placing them in context. Yet every month, federal and state courts in Connecticut consider dozens of employment law cases that never make the headlines. One such case is Jacobs v. Connecticut Community Technical Colleges, decided… 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
A Modest Proposal for What Happens Next for the CHRO
Posted in CHRO & EEOC, Discrimination & Harassment, Legislative DevelopmentsUPDATED 7/7/11 With yesterday’s stunning announcement that all proceedings at the Office of Public Hearings are suspended indefinitely (see this notice), the question that arises is: What Happens Next? The answer is only known to the Governor and staff at the CHRO. But last year, my law partner, Joshua Hawks-Ladds published a way forward. How?… Continue Reading
Wal-Mart v. Dukes: What The Class-Action Decision Really Means for Employers
Posted in Class Actions, Discrimination & Harassment, Featured, Highlight, LitigationOver the last 24 hours, there’s been a lot written about the Supreme Court’s decision yesterday in Wal-Mart Stores v. Dukes. Frankly, all of them are starting to say the same thing: The decision is going to hamper all class-action discrimination cases going forward. But that statement tends to simplify the decision a bit too… Continue Reading
Paid Sick Leave Bill’s Anti-Retaliation Provisions Broader Than Just “Service Workers”
Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments, Manager & HR Pro’s Resource Center, Wage & HourRemember how I indicated that most of the paid sick leave bill covers only “service workers”? That’s true, but there is a big exception that hasn’t been mentioned much elsewhere. Indeed, employers who have 50 or more employees should beware: The new Paid Sick Leave bill’s anti-retaliation provisions may cover all employees, not just the… Continue Reading
Gender Identity & Expression Bill: What Employers Need To Know
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Legislative Developments, Manager & HR Pro’s Resource CenterOver the weekend, the General Assembly passed House Bill 6599, which adds “gender identity or expression” as a new protected category under employment law. Governor Malloy has indicated that he will sign the bill. Assuming he signs the bill, here’s what you need to know as an employer in Connecticut. (For more background, you can see… Continue Reading
Legislative Update: Paid Sick Leave & Gender Identity Discrimination Bills Pass; Governor’s Approval Expected
Posted in Legislative DevelopmentsEarly Saturday morning, the Connecticut General Assembly passed two bills that will have a significant impact on employers in Connecticut. Both bills now need to be signed by the Governor (who has indicated he will sign them). First, the Senate passed House Bill 6599, which adds “gender identity or expression” as a new protected category… Continue Reading
Gender Identity & Expression Discrimination Bill Clears Conn. House
Posted in Legislative DevelopmentsThe on-again, off-again bill that would prohibit discrimination on the basis of gender identity and expression (including transgendered individuals) passed the Connecticut House late Thursday night on a vote along party lines. The bill, H.B. 6599, would add a new protected class and defines "gender identity as follows: "Gender identity or expression" means a person’s… Continue Reading
Passover & Easter: A Time to Reflect on Religious Discrimination Issues
Posted in Human Resources (HR) ComplianceWith Passover and Easter coming up this week, it seems timely to revisit the laws regarding religious discrimination and accommodation. Fortunately for you (and me), the Employment & Labor Insider just posted a terrific piece on the subject. Among the issues that the post flagsis the common situation of an employer who tries to decide… Continue Reading
Legislative Update: CHRO & Affirmative Action; Gender Identity Discrimination; Paid Sick Days; Credit Reports; Workplace Bullying
Posted in Legislative DevelopmentsThe Connecticut General Assembly is heating up and a number of employment-related bills are still alive this legislative session. The Labor & Public Employee Committee has voted a number of bills out, meaning that they’re up for consideration by either the House or Senate, or another committee. These include: HB 5460 (which would prohibit so-called… Continue Reading
Can You Take a Joke? Caselaw Indicates Most People Can
Posted in Discrimination & Harassment, LitigationAs I’ve done for other holidays (see prior posts here and here) , I was fully prepared today to warn of the dangers for employers of April Fools Day. Google, for example, has an announcement on a new way to communicate today. But alas, in all of Westlaw, I could only find two cases in… Continue Reading
BREAKING: U.S. Supreme Court Allows “Cat’s Paw” Theory of Liability in Discrimination Cases
Posted in Discrimination & Harassment, LitigationTime and again, pundits suggest that the U.S. Supreme Court now is among the most conservative in decades and, by extension, pro-business. If that’s the case, they’re going to be awfully surprised with today’s 8-0 ruling in Staub v. Proctor Hospital (download here) in which the court broadened the methods that an employee can use… Continue Reading
Motions to Dismiss in Discrimination Cases Have a Pulse
Posted in Discrimination & Harassment, LitigationFor many years, motions to dismiss in discrimination cases were becoming a rarity, mainly because courts were loath to grant them. But the U.S. Supreme Court in the last few years has given the motions new life and recent District Court decisions are now showing the effects. Latest case in point: Barker v. UBS AG (download… Continue Reading
Supreme Court Recap: Creating a “Zone of Interest” Under Title VII Retaliation Law
Posted in Discrimination & Harassment, LitigationThe United States Supreme Court today, in an 8-0 decision (Justice Kagan recused herself), ruled that Title VII retaliation provisions include protection to those people who have suffered an adverse employment action and are in the same "zone of interest" as another employee who filed a charge. What does that mean? Good question. First,… Continue Reading
It’s Snow Joke: EEOC Statistics Show Increasing Numbers of Retaliation Cases Filed, But Then What?
Posted in CHRO & EEOC, Human Resources (HR) ComplianceNews flash: Record snows in Connecticut! Second news flash: Record numbers of people are out of work and filing complaints of discrimination at the EEOC nationwide! Here’s the thing with both news flashes: They’re not entirely unexpected. Sure, they’re in higher amounts than we’re accustomed to seeing, but both can be explained. (I’ll leave it… Continue Reading
What Ever Happened To….The Complaint Brought by a Fox 61 Reporter?
Posted in Discrimination & Harassment, LitigationRemember the buzz in 2009 about a complaint filed by a Fox 61 reporter (Shelly Sindland) that she had been discriminated against because of her age? You can find all of my stories about it here. It certainly had allegations that made others take notice (including a reference to "Big Boob Fridays"). Well, the case… Continue Reading
What Can Google Books Data Search Tell Us About Employment Law Trends?
Posted in Human Resources (HR) ComplianceAmong the things we take for granted now is that information about anything and everything has always been available. (Indeed, if you want to really take a trip back in history, read this article about Time’s pick of the Personal Computer for its Man of the Year award in 1982.) Google has been at the… Continue Reading
Family Responsibilities Discrimination (FRD): The Next Big Field in Employment Law?
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsYesterday, I had the opportunity to speak to the Fairfield County Bar Association on the burgeoning field of Family Responsibilities Discrimination (FRD, for short). It is also known at times as Caregiver Discrimination. In essence, it is a cross-disciplinary practice that looks as various statutes like Title VII, the Pregnancy Discrimination Act, FMLA, ADA and… Continue Reading
Breaking: U.S. Supreme Court Agrees to Hear Wal-Mart Class Action Case
Posted in LitigationThe U.S. Supreme Court this morning agreed to hear Wal-Mart’s appeal of a decision that granted certification to what would be the largest employment discrimination class action case ever heard in the United States. The SCOTUSBlog has the definitive wrapup here. The underlying case has raised allegations of sex discrimination by current and female workers… Continue Reading
Court: Supervisor May Be Liable for Negligent Exposure of Subordinate to Discrimination Lawsuit; Do We Have a New Cause of Action?
Posted in LitigationYou’ve heard of the negligent hiring case. Should we now get ready for "negligent exposure" cases? A Connecticut Superior Court recently allowed a claim of negligence to proceed by a subordinate against a supervisor, on the grounds that the supervisor drew the subordinate into a dispute with another employee, exposing the subordinate to the costs of… Continue Reading
Court Dismisses Discrimination Claim Based on Company’s Failure to Fill a Posted Position
Posted in Discrimination & HarassmentOn Wednesday, I posted about a recent District Court decision that held that "Paid Administrative Leave" is not an "adverse employment action.". Without such an action, an employee typically cannot raise a claim of discrimination under the legal framework for analyzing such claims. The same district court judge, The Honorable Mark Kravitz, released a decision a… Continue Reading
Paid Administrative Leave is Not an “Adverse Employment Action”
Posted in Discrimination & Harassment, LitigationNot everything that happens in the workplace can give rise to a viable discrimination or retaliation claim. Various courts have emphasized that there must be an "adverse employment action". Otherwise, a claim will go nowhere. But what exactly IS an adverse employment action? A new federal court case in Connecticut — in borrowing from judicial dictum… 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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