On July 10, 2019, the Governor of New York State signed into law a bill extending New York’s pay equity protections to pay differentials based not only on gender, but also those caused by discrimination on the basis of age, race, sexual orientation, disability, and domestic violence victim status. The bill lowers the burden of
Alessandro G. Villanella
Recently Enacted New Jersey Law Calls Non-Disclosure Agreements Into Question
An amendment to the New Jersey Law Against Discrimination to prohibit enforcement of non-disclosure provisions in certain agreements, including employment contracts and settlement agreements, has been passed by the New Jersey Legislature. For complete details, see the article by our colleagues by clicking here.
“Regarded As” Disability Claim Does Not Require Proof of an Employer’s Subjective Belief
Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is substantially limited in a major life activity regardless of whether he or she actually is disabled. Prior to…
Reminder To Employers: Even The “New” NLRB Will Not Bail You Out If You Terminate An Employee (Union or Non-Union) Who Discusses Or Complains About Terms And Conditions Of Employment
On Friday, May 4, 2018, the National Labor Relations Board ruled that a janitorial services company violated the National Labor Relations Act when it terminated an employee who pursued wage theft claims and discussed the company’s poor working conditions with Houston city lawmakers. Specifically, the employee filed a formal wage theft complaint with the city…
Sensitivity to Electromagnetic Voltage Not a “Disability” Under the Americans With Disabilities Act
The Seventh Circuit Court of Appeals affirmed the grant of summary judgment dismissing a former employee’s claim that he was terminated because of his purported disability, “sensitivity to electromagnetic voltage.” Hirmiz v. New Harrison Hotel Corp., Docket No. 16-3915 (7th Cir. Apr. 6, 2017). The Court held that “sensitivity to electromagnetic voltage” was…
U.S. District Court in Nevada Continues Trend of Expansion of the Definition of “Sex” Under Title VII
A transgender police officer, who identifies as a male officer, filed a lawsuit in the U.S. District Court for the District of Nevada alleging sex discrimination pursuant to Title VII of the Civil Rights Act and related state law. Roberts v. Clark County Sch. Dist., 2016 U.S. Dist. LEXIS 138329 (D. Nev. Oct. 4…