Published: October 4, 2018

According to a new amendment to New York City Human Rights Law (NYCHRL) that goes into effect Oct. 15, 2018, NYC employers must engage in cooperative dialogue and issue a written determination every time an employee requests a reasonable accommodation in the workplace.  

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Published: August 30, 2018

On Aug. 24, 2018, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded the district court's decision in favor of the employee in the case of Linda Rowlands v. United Parcel Service-Fort Wayne, No. 17-3281 (7th Cir. Aug. 24, 2018).  Among other things, the Seventh Circuit held that the ex-employee presented enough evidence for a jury to decide whether United Parcel Service (UPS) illegally ignored her request for a disability accommodation and wrongly terminated her for seeking that accommodation.

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Published: August 15, 2018

A New Jersey federal judge recently held that an employer did not discriminate against an employee on the basis of a disability when it refused to waive a drug testing requirement as an accommodation for the employee’s medical marijuana use.

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Published: July 12, 2018

Earlier this year, several New Jersey Senators introduced Bill S121 aimed at prohibiting provisions in employment contracts or settlement agreements which have "the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment."  This Bill not only seeks to prohibit non-disclosure provisions which often appear in sexual harassment settlements, but also to prohibit the waiver of "any substantive or procedural right relating to a claim of discrimination, retaliation, or harassment."  Having been passed by the Senate by a vote of 34-1 o

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Published: May 30, 2018

On May 29, 2018, over 8,000 Starbucks locations around the country closed for an afternoon to conduct anti-bias training. During this time, over 175,000 Starbucks employees participated in the training focused on addressing implicit bias, promoting conscious inclusion, preventing discrimination, and ensuring Starbucks customers feel safe and welcome.

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Published: August 15, 2017

Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain Victoria’s Secret, claimed she was terminated “for opposing racial discrimination in society” after posting two racially-charged pictures on Facebook. Throughout 2014, the plaintiff identified herself as a Victoria’s Secret district manager on Facebook, which was accessible to other Victoria’s Secret employees and the public.

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Published: July 5, 2017

In a potentially game-changing decision for employers, the United States District Court for the Southern District of New York denied a former employee’s motion to compel the depositions of her former employer’s three-person Termination Review Committee. Two Committee members were non-attorneys, while its third member was one of its in-house attorneys. Her presence on the Committee, combined with the Committee’s determined role, was ultimately enough to persuade the Court that the Committee’s deliberations were attorney-client privileged.

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Published: April 19, 2017

On Wednesday, April 5, 2017, the New York City Council approved legislation that will ban employers from requesting or using job applicants’ salary history when making hiring decisions. The law, known as Introduction 1253-A, makes it illegal for any employer and or employment agency in New York City to ask about a job applicant’s salary history, including benefits, or search any publicly available records to obtain such information.

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Published: November 7, 2016

Last week, on November 4, 2016, a District Judge in the Western District of Pennsylvania held that discrimination based on sexual orientation constitutes sex stereotyping and is prohibited by Title VII. EEOC v. Scott Medical Health Center, 2:16-cv-00225 (W.D. Pa. Nov. 4, 2016).  The Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit on behalf of Dale Baxley, a gay male employee who worked for Scott Medical Health Center PC. Mr. Baxley alleges that he was constructively discharged due to an alleged sexually hostile work environment.

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Published: March 23, 2015

A recent case from the Northern District of Illinois, Lugihibl v. Fifth Third Bank (Case No. 13 CV 7193, March 16, 2015, Kennelly, M.), held that Title VII and ADEA limitations periods can be contractually shortened under certain circumstances, despite the general 300-day limitations to bring such claims in Illinois.

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