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

Tag Archives: supervisor

Second Circuit = The Avengers? Judges Create Alter Ego Liability

By Daniel Schwartz on Posted in Discrimination & Harassment, Highlight, Litigation

Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court was getting into the superhero business with the establishment of a new theory of liability… Continue Reading

Court Rejects “Alter Ego” Doctrine As Basis for Suing Supervisor for Discrimination

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

The Second Circuit has long held that supervisors cannot be sued in their individual capacity under Title VII.  But can an employee do an end run around that by arguing that the supervisor is the “alter ego” of the company? Well a few federal courts outside Connecticut have said that under the “alter ego” doctrine,… Continue Reading

When Your Manager Has Been Accused of Sexual Harassment

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance

Consider this scenario. An administrative assistant who’s been working solidly for the company for two years comes to you, as an HR manager, and says she’s been harassed by a manager over her looks.  You need to talk with manager about the allegations. What do you do?  That’s the scenario posed in a recent article posted… Continue Reading

Is it Ever a Good Idea to Friend Subordinates or, for Teachers, Students?

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Social Media

Lately, I’ve been doing quite a few presentations on social media, including, most recently, one for a school district. One of the trickiest questions that comes up: Is it "legal" to "friend" a subordinate in the workplace? Or for teachers, is it "legal" to "friend" a student?  (I use the term "friend" to be the… Continue Reading

Teaching Teachers about Social Media and Technology in the Workplace

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Social Media

On Friday, I’ll be speaking to a group of local high school and middle school teachers about some best practices on the use of technology in the workplace.   Among the central messages of the presentation? No guideline can be a substitute for using good judgment and common sense. With teachers, that message is more important… Continue Reading

Court: Supervisor May Be Liable for Negligent Exposure of Subordinate to Discrimination Lawsuit; Do We Have a New Cause of Action?

By Daniel Schwartz on Posted in Litigation

You’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

Second Circuit: No Individual Liability Under ADA Retaliation Provisions

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

It has long been the rule in the Second Circuit, that individual supervisors do not have liability under Title VII claims, based on the case of Tomka v. Seiler Corp.  But can supervisors be sued individually under the ADA for retaliation? The Second Circuit last week held that individual supervisors may not be held liable under the… Continue Reading

Second Circuit Defines Employers’ Obligations in Sexual Harassment Claim; Reverses Summary Judgment for Employer

By Daniel Schwartz on Posted in Discrimination & Harassment

Reading the Second Circuit’s decision in Duch v. Jakubek (decided on Friday, December 4th), a distinct image came to mind: The ostrich who sticks its head in the sand. Why the ostrich? Because, the Duch case discusses what to do with a supervisor who purposely ignores evidence of sexual harassment.  And the court concludes that the… Continue Reading

LinkedIn Recommendations – A Hot Topic Among HR Professionals, But Should It Be?

By Daniel Schwartz on Posted in Human Resources (HR) Compliance

In my presentation last week to the HRA of Greater New Haven (which i discussed yesterday), the hottest topic that people wanted to discuss was LinkedIn Recommendations. People had several questions: Should a company bar its employees from doing such recommendations? Should a HR department "police" LinkedIn to ensure compliance? What is the risk of… Continue Reading

Quick Hits: BMI, E-Verify Delays, NLRB Two-Member Board Decisions, Starbucks & Tips, Twitter

By Daniel Schwartz on Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Litigation, Wage & Hour

With all the developments the last week or two with the Connecticut legislative session, it’s been difficult to keep up with everything ELSE happening in employment law.  So, time for a "Quick Hits" post, where I recap some of the stories you might have missed relating to the world of labor and employment law that might… Continue Reading

Poor Supervision Even Exists at the Department of Justice

By Daniel Schwartz on Posted in Human Resources (HR) Compliance

A few weeks ago, a report came out blasting the hiring procedures that existed at the Department of Justice in prior years.  Because this is not a political blog, I left it for others to comment on it, such as The Word on Employment Law.  But the basic gist of the report was that there… Continue Reading