"Employment Flash - June 2012"

In This Issue:

- EEOC Issues Final Rule Addressing Disparate Impact Claims Under ADEA... 1

- NLRB Finds That Employee Was Unlawfully Harassed on Facebook... 1

- Seventh Circuit Holds That Cat’s Paw Theory Supports Imposing Individual Liability Under § 1981 ... 2

- EEOC Rules That Title VII Protects Transgender Employees ... 2

- New Jersey Court Holds That State Bias Law Protects Individuals Perceived to Belong to a Protected Class... 3

- California Supreme Court Clarifies Meal and Rest Break Requirements... 3

- California Labor Commissioner Issues Updated Wage Notice Form... 4

- Connecticut Supreme Court Holds That State Bias Law Protects Employees From Harassment Based on Sexual Orientation... 4

- New York Court of Appeals Clarifies Exception to State’s At-Will Doctrine... 5

Excerpt from New York Court of Appeals Clarifies Exception to State’s At-Will Doctrine -

On May 8, 2012, the New York Court of Appeals, in a 5-2 decision, held that the judicially-created exception to the State’s strong at-will employment doctrine did not extend to a wrongful discharge claim brought by Joseph Sullivan, a former hedge fund compliance officer who alleged that he was fired in retaliation for complaining internally about alleged improper stock trades by the company’s president. Sullivan v. Harnisch, 2012 N.Y. Slip. Op. 03574, 2012 WL 1580602. Sullivan alleged that his claim fell within an exception to the employment at-will doctrine that the court recognized in a prior case involving an attorney who had been fired after reporting a fellow associate’s unethical conduct. Wieder v. Scala, 80 NY.2d 628 (1992).

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