A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more
8/6/2024
/ Civil Rights Act ,
Commission on Human Rights ,
CT Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Hostile Environment ,
Human Resources Professionals ,
Internal Investigations ,
Race Discrimination ,
Supervisors ,
Title VII ,
Vicarious Liability
A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more
The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more
3/8/2024
/ Age Discrimination ,
Breach of Contract ,
CHRO ,
Claims Limitations Period ,
Constructive Discharge ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Resignation ,
SCOTUS ,
State Labor Laws ,
State Law Claims ,
Title VII
In January of 2019, Connecticut implemented legislation that, among other things, prohibited employers from inquiring about an applicant’s prior salary history. The Nutmeg State took it a step further yesterday, when Governor...more
In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more
5/8/2019
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Attendance ,
Best Practices ,
Department of Labor (DOL) ,
Disability Leave ,
Documentation ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Leave of Absence ,
Medical Leave ,
Opinion Letter ,
Wage and Hour
On March 6, 2019, the U.S. Court of Appeals for the Second Circuit decided Fox v. Costco Wholesale Corporation, eliminating any uncertainty concerning whether an employee can assert a hostile work environment claim under the...more
On January 8, 2019, the U.S. District Court for the Eastern District of Arkansas issued an opinion and order granting summary judgment to an employer, finding the employer did not violate the Family and Medical Leave Act...more
A recent U.S. district court decision in Connecticut shows that drug testing applicants and employees in jurisdictions that authorize the use of legalized medical marijuana may present challenges. On September 5, 2018, Judge...more
1/3/2019
/ Controlled Substances Act ,
Disability Discrimination ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exemptions ,
Federal Contractors ,
Hiring & Firing ,
Medical Marijuana ,
Preemption ,
PTSD ,
Supremacy Clause
In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more
11/19/2018
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Interactive Process ,
Leave of Absence ,
Medical Leave ,
Reasonable Accommodation ,
Sick Leave ,
Undue Hardship ,
Unpaid Leave ,
Wage and Hour
A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC...more
9/18/2018
/ Attorney's Fees ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Punitive Damages
Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries.
Vermont Prohibits Salary History...more
The U.S. Court of Appeals for the Second Circuit recently ruled that to advance a viable claim for retaliation under the Family and Medical Leave Act (FMLA), an employee need only demonstrate that exercising his or her rights...more
In Boutillier v. Hartford Public Schools, No. 3:13-CV-01303-WWE (November 17, 2016), a Connecticut district court held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an individual’s sexual...more
The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more
4/15/2016
/ Americans with Disabilities Act (ADA) ,
Association Discrimination ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Human Resources Professionals ,
Interference Claims ,
Personal Liability ,
Retaliation ,
Termination
On July 2, 2015, Governor Dannel P. Malloy signed into law Public Act No. 15-196, entitled An Act Concerning Pay Equity and Fairness (the Act). The Act is effective as of July 1, 2015 and limits an employer’s ability to...more
On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more
State of Connecticut v. AFSCME, Council 4, Local 391, No. 18749 (August 6, 2013): The Connecticut Supreme Court recently upheld the reversal of an arbitrator’s decision to reinstate an employee whose employment was terminated...more