Employment discrimination claims are often decided on the merits of the claim. Courts routinely have to answer the question: Did the employer discriminate on the basis of a protected class against an employee in terminating the employment of that individual?
But there’s another class of cases that can resolved on procedural grounds, often times in
Don’t believe the hype — Valentine’s Day may be for lovers, but for employers, it’s only trouble. Indeed, back in 2011, I highlighted the perils of Valentine’s Day for employers recapping various cases in which Valentine’s Day played a central role. Given the day, I thought I would reprint it today as a reminder —
Led, in part, by a crusade from former Fox News hosts Gretchen Carlson and Julie Roginsky, who settled private cases with Fox News involving sexual harassment and signed non-disclosure agreements (NDAs), we’re likely to see a bill at the General Assembly this year to ban employers’ use of NDAs and non-disparagement agreements in discrimination complaints.
A significant change has gone into effect New York City effective on November 22, 2023 with an amendment to the city’s Human Rights law.
The key focus of this amendment is the prohibition of discrimination based on an individual’s height and weight in employment, housing, and public accommodations.
The law prohibits NYC employers — that
Years ago, I wrote about how state employment law imposed a duty to engage in an interactive dialogue with an employee who had a disability and was requesting a reasonable accommodation.
But what it does it truly mean to engage in an interactive process?
A new case from the Connecticut Appellate Court provides some
In prior posts, I’ve talked about the difficulty for employers in getting a motion for summary judgment granted in state court in discrimination cases.
(Motions for summary judgment are procedural tools that can be used when there are no disputed issues of material fact and therefore the court can decide the case on law
Suppose an employee or tenant is the victim of housing or employment discrimination/harassment; what is the value of the ordinary (or in the court’s words “garden variety”) emotional distress that person suffers as a result of such discrimination or harassment.
I’ve actually talked about this before; back in 2021, the Appellate Court was asked
In this year end rush, it would be easy to overlook the state’s new “Clean Slate” law. But employers in Connecticut should get ready now to implement the changes that occur on January 1, 2023.
So what is the Clean Slate law?
It dates back to 2021 and can be found here at Public Act
The other day I came across the strange realization that I had not written about anti-Semitism in the 15 years that I’ve been writing this blog.
(I also came across the realization that automatic e-mail links to recent posts had also not been going out properly, if you’re wondering why you’re getting e-mails again now.)
A few months ago, I wrote about how artificial intelligence was being introduced in the workplace.
At the ABA Annual Labor & Employment Conference last week, a whole panel discussion was devoted to the legal ramifications of using artificial intelligence — particularly in hiring decisions.
The speakers talked about the EEOC guidance that I