News & Analysis as of

Philadelphia Commission on Human Relations Issues New Pregnancy Rights Notice

On January 20, 2014, Philadelphia Mayor Michael Nutter signed an amendment to the city’s Fair Practices Ordinance expressly banning discrimination based upon pregnancy, childbirth, or a related medical condition and imposing...more

Making Your Termination Decision Count (Don’t Sleep on This One…)

The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision. My consistently subpar performance or my complaint about harassment? My taking of leave or...more

Kentucky Fried Chicken Franchise Pays $40,000 to Settle EEOC Religious Discrimination Lawsuit

Laurinburg Companies Unlawfully Fired Pentecostal Employee for Refusing to Wear Pants, Federal Agency Charged - LAURINBURG, N.C. - Scottish Food Systems, Inc. and Laurinburg KFC Take Home, Inc. will pay $40,000 and...more

Expansion of Employment Protections for Employees Who Are Crime Victims, Including Obligations to Provide Reasonable...

Existing laws prohibit an employer from discharging, discriminating, or retaliating against an employee who is a victim of domestic violence or sexual assault for taking time off from work in connection with court proceedings...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Beverage Distributors Ordered to Pay About $200K and Hire Sight-Impaired Employee in EEOC Disability Discrimination Suit

Jury Found Company Violated Federal Law by Shunning Legally Blind Applicant - DENVER - In a disability lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), a federal court in Denver has ordered...more

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

Medical Center Fired Employee with Breast Cancer, Federal Agency Charged - OAKLAND, Calif. - An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an...more

Alorica Pays $135,000 to Settle EEOC Disability Discrimination Suit

Company's Predecessor Unlawfully Fired Employee With Bipolar Disorder and Depression While on Short-Term Disability Leave, Federal Agency Charged - ATLANTA - Alorica Inc., a telesales and data services company that...more

Did An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe

On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S....more

California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation...

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends...more

New Jersey Bill Seeks To Expand Protections For Pregnant Employees

On November 18, 2013, a bill (S2995) seeking to expand employment protections for pregnant women passed in the Senate 38-0. Specifically, the bill would (1) amend the New Jersey Law Against Discrimination to add pregnancy...more

New York City Issues New Pregnancy & Employment Rights Notice in English, Foreign Language Versions to Follow

Earlier this month, Proskauer issued a client alert on the latest amendment to the New York City Human Rights Law, which expands the protections against discrimination for pregnant employees. For more on the new law, see our...more

New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential...

The New York Court of Appeals recently overturned the dismissal of an employee’s discrimination claim under the New York City Human Rights Law (“NYCHRL”), while at the same time upholding the dismissal of the employee’s...more

Banks Face Class Action Lawsuits Alleging Noncompliance With ADA Regulations Governing ATMs

More than 100 nearly identical class action lawsuits alleging noncompliance with Americans with Disability Act accessibility standards for ATM machines have been filed against banks and credit unions since new standards went...more

Fall Employment And Labour Law Update Seminar

In This Presentation: - AODA update: What employers should know about the Accessibility for Ontarians with Disabilities Act, 2005: ..Goal of AODA ..General accessibility standards ..Multi-year...more

New York City Employers Must Prove Indefinite Leave Request is Undue Hardship

The New York Court of Appeals ruled last Thursday that a disabled employee’s request for an indefinite leave of absence is not a per se unreasonable accommodation under the New York City Human Rights Law. Rather, the state’s...more

Tucson-Area Trucking Company CTI Sued by EEOC For Disability Discrimination

Company Failed to Provide a Reasonable Accommodation to Visually Impaired Employee And Fired Her and Others Because of Their Disabilities, Federal Agency Charges - PHOENIX - CTI, Inc., a Tucson-area regional trucking...more

Two New Measures in New York: Wage Deduction Rules and Pregnancy Accommodation

Most employers tend to focus on federal law as a source of labor and employment obligations. However, employers should also pay careful attention to state and local laws on workplace issues. The first half of this month has...more

Employment Law -- Oct 15, 2013

“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict - Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal...more

Act Now Advisory: New York City Human Rights Law Expanded to Require Employers to Reasonably Accommodate Pregnant Employees

On October 2, 2013, following a unanimous New York City Council vote, Mayor Michael Bloomberg signed a bill amending the New York City Human Rights Law ("NYCHRL") to require most New York City employers to reasonably...more

New York City Law Provides Reasonable Accommodation for Pregnancy, Childbirth, and Related Conditions

On October 2, 2013, Mayor Michael Bloomberg signed into law an amendment to the New York City Human Rights Law (NYCHRL) that requires employers with four or more employees to provide reasonable accommodations for pregnancy,...more

Fifth Circuit Issues First of Several Pro-Employee Decisions: ADA Accommodations Need not Relate to Essential Job Functions

The Fifth Circuit, which covers federal district courts from Texas, Louisiana and Mississippi, has been busy recently issuing decisions in the employment law arena. Surprisingly, many of these decisions from this...more

New York City Now Requires Reasonable Accommodations for Pregnant Workers

Today, Mayor Bloomberg signed into law an amendment to the New York City Human Rights Law requiring employers with four or more employees to provide reasonable accommodations to pregnant workers. The legislation, which was...more

New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations

On October 2, 2013, New York City Mayor Michael Bloomberg signed Int. No. 974-2012A to amend the New York City Human Rights Law (NYCHRL) by expanding protections against discrimination for pregnant employees. The NYCHRL, as...more

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

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