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
Tag Archives: discrimination
Conn. Supreme Court: Law Bars Hostile Work Environment Based on Sexual Orientation
Posted in Discrimination & Harassment, LitigationThe 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 DevelopmentsUPDATED 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, LitigationAs 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
Big Day for Employers at Connecticut Supreme Court
Posted in Discrimination & Harassment, Featured, LitigationIt’s been several years since employers had some decisions to cheer about at the Connecticut Supreme Court. But yesterday, the court released two important decisions that will likely rank as among the most significant the court has issued in the employment context in the last decade. I represented the employer in one of those cases, which you… Continue Reading
Legislative Update: Personnel Files, Minimum Wage, Payroll Cards, CTFMLA, Unemployment Discrimination
Posted in Discrimination & Harassment, Legislative DevelopmentsThe General Assembly is always full of surprises. It’s the busy season for the Connecticut legislature and a number of employment-law related proposals are still “alive”. (I use “alive” in the generic sense because the bills have merely passed committee; whether they will end up getting voted on is an entirely different question. For further updates… Continue Reading
New Penalties for Wage Claims, Unemployment Discrimination, Payroll Cards On Hearing Agenda
Posted in Discrimination & Harassment, Legislative Developments, Wage & HourAnd all of a sudden, things just got very busy at the Connecticut General Assembly. On Tuesday, several labor & employment law bills are up for discussion and debate at a public hearing scheduled at 2 p.m. (details here). One of the bills is the newest hot topic — the House version of the unemployment… Continue Reading
Proposal to Ban Unemployment Discrimination Heats Up
Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Legislative DevelopmentsTwo bills were introduced in the Connecticut legislature last week that would ban discrimination against individuals who are unemployed. Section 8 of Senate Bill 1 and Senate Bill 79 are identical in their provisions. They would apply to nearly all employers in the state. The proposals would amend Conn. Gen. Stat. Sec. 46a-60(a)(6) to prohibit… Continue Reading
Legislative Session Begins; Discrimination Against Unemployed on the Agenda
Posted in Discrimination & Harassment, Featured, Highlight, Legislative DevelopmentsThe new legislative session at the Connecticut General Assemblybegan last week and the Labor & Public Employee Committee wasted no time setting an agenda for bills for discussion in this short legislative session. At a committee meeting last Thursday, the Committee discussed a variety of items to be discussed and proposed as bills. Among the… Continue Reading
Attorneys Dancing Around Impact of Gender Identity Discrimination Law
Posted in Discrimination & Harassment, Highlight, Laws and RegulationsI 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
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
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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