My thanks to my colleague, Mick Lavelle, who has drafted the following post on a noteworthy issue decided today by the Connecticut Appellate Court. For employers with long-standing discrimination claims, it’s worth understanding what the statute of limitations are on such claims. Most employers know that claims of employment discrimination can be brought under two… Continue Reading
Tag Archives: statute of limitations
Disparate Impact Claims May Have Extended Statute of Limitations Calculations, Rules U.S. Supreme Court
Posted in Discrimination & Harassment, LitigationBack in February, I noted that not all U.S. Supreme Court cases are created equal and warned employers not to get too excited about a case that was then being argued in front of the U.S. Supreme Court — Lewis v. City of Chicago. Yesterday, the Court released its unanimous decision (download here) in that… Continue Reading
Supreme Court Hears Arguments on Title VII Test Case; Will It Be Significant For Employers Or Just Academics?
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationThere is a common misconception about the U.S. Supreme Court that all cases that it rules on are created equal. They’re not. Some take on more significance than others. Case in point: Lewis v. City of Chicago, which was argued yesterday (transcript available here). I’ve previously discussed the case in an earlier post. The… Continue Reading
Quick Hits: DPUC’s Ban on Personnel Decisions, Title VII Deadlines, Two Member NLRB Panels, Arbitrations, SCOTUS
Posted in Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Legislative Developments, LitigationAnother manic Monday. So it’s time to roll out another edition of quick hits where I highlight stories you might have missed over the last week or two. Today’s Hartford Courant reports on a move by the DPUC to prohibit some companies from laying off workers. My law partner, Joshua Hawks-Ladds — who is also chair… Continue Reading
Changes to Personnel Files Act…And Much Much More (Including Big Expansion of State’s Wage Discrimination Laws)
Posted in Legislative DevelopmentsIf you should never judge a book by its cover, you can never judge a legislative bill from its title. After all, you would think that a bill about "Penalties for Violations of Certain Personnel Files Statutes" (H.B. 6185) would actually be a bill about those violations. While that may have been in the original… Continue Reading
U.S. Supreme Court Clarifies Rules on Applying Pregnancy Leaves for Pension Credits Pre-PDA
Posted in Discrimination & Harassment, LitigationUPDATED 5/19/09 The U.S. Supreme Court has been very busy this morning. First, in a 7-2 decision, the Court held that an employer (inthis case AT&T) did not violate the Pregnancy Discrimination Act when it gave less retirement credit for pregnancy leaves that occurred prior to the passage of the act. In addition, the Court… Continue Reading
The Stealth Limitation on State Law Employment Discrimination Claims
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, LitigationTo bring state law employment discrimination claims to court, it is well-known that an employee has to first file the claim with the state agency responsible for investigating the claim (the CHRO) (Conn. Gen. Stat. Sec. 46a-101(a)). And most people believe that all the employee has to do is then wait for the CHRO to… Continue Reading
Ready, Set, Go! Employment Laws On Fast Track in Congress
Posted in Legislative Developments, Wage & HourOne of the more interesting television shows out there now is the Emmy award-winning "The Amazing Race". At the start of the show, the host shouts, "Ready, Set, Go!" and off the contestants go on a race around the world places as yet unknown. That, in essence, is what 2009 is shaping up to be in employment… Continue Reading
Presidential Debate: Employment Law Issue Gets a (Brief) Airing – What Does It Mean?
Posted in Human Resources (HR) ComplianceYou might have missed it in the midst of the discussion of abortion and the Supreme Court but the issue of pay discrimination got a brief airing by Senator Obama during Wednesday’s Presidential Debate. (You can view the transcript here). Here was the entire portion: Obama: So this is going to be an important issue. I… Continue Reading
Court Affirms Ruling that Time Period for Filing Complaint Begins on Termination Date, Not Notice Date
Posted in LitigationThe Connecticut Supreme Court today, in a per curiam decision, affirmed an appellate court decision that held that the time period for filing an employment discrimination complaint under state law (not federal) begins on the date the employee’s employment actually ends, not the date that the employee received notice that his or her employment would… Continue Reading
Paycheck Fairness Act: Rep. Rosa DeLauro Provides Some Context
Posted in Legislative DevelopmentsEarlier this month, I provided a legislative update on the Paycheck Fairness Act bill, which passed the U.S. House of Representatives. Long-time Congresswoman Rosa DeLauro (D-Conn, 3rd) has been a leading sponsor of the bill and she has a long and distinguished career in the House. Yesterday, Rep. DeLauro issued a column in the Huffington… Continue Reading
Former CHRO Regional Manager — Rebuffed by U.S. Supreme Court — Files Another Lawsuit in U.S. District Court
Posted in CHRO & EEOC, LitigationIt keeps going and going and going….. When I learned of a new lawsuit filed in federal court yesterday by former CHRO Regional Manager Femi Bogle-Assegai arising from her termination back in April 2001, I couldn’t help but think of the cliched advertisement of the Energizer Bunny. First, the quick background as described by the U.S. Court of Appeals – Second Circuit in… Continue Reading
Appealing Arbitration Awards – A Followup to the Bloomfield Police Case
Posted in LitigationIf there is something that can cause an attorney nightmares, it is the possibility of missed deadlines. Recently, there was an attorney in California who missed a court deadline – BY ONE MINUTE — costing his client over $1 million in legal fees. This morning, that nightmare is a reality for the Town of Bloomfield,… Continue Reading
St. Francis Hospital/George Reardon — Employers At Risk Based on Actions of Former Employees, Even From Decades Past
Posted in Human Resources (HR) Compliance, Laws and Regulations, LitigationFor employers in the state, the lawsuits now being brought against St. Francis Hospital and Medical Center for the alleged actions of a former physician, should be a huge wake-up call that former employees can cause big headaches for their employers — even decades later. These cases — which are still at the earliest stages – arise from the actions… Continue Reading
Timeliness Not A Bar to Vague CHRO Complaint
Posted in CHRO & EEOCSince the Ledbetter decision issued by the U.S. Supreme Court last month, issues of the timeliness of employment discrimination claims have come to the forefront. An interesting decision by a CHRO Human Rights Referee recently suggests that complaints that do not specify the timeliness of certain claims may still survive a motion to dismiss. CHRO Human… 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 +
Follow Me on Twitter
Join the Discussion on Facebook
Subscribe to this blog via RSS
View My Linkedin Profile