Like other States (including New York) and many cities, Illinois has expanded the reach of its anti-discrimination statute to bring smaller employers within coverage of the Human Rights Act. Even though such small employers may lack the in-house expertise to understand the nuances of complex laws, they must find a way to do so. Our
New York State Commissioner of Labor Testifies On Combatting Sexual Harassment in the Workplace
As if the current legal environment for employers and their insurance carriers was not sufficiently challenging, state legislatures are considering bills, inter alia, to expand the definition of a hostile work environment, to expand coverage of anti-discrimination and harassment laws to independent contractors, to increase penalties for harassment and to require that employers pay
New York City Issues Sexual Harassment Training Notice and Fact Sheet
In an effort to prevent sexual harassment in the workplace, New York State and New York City have enacted laws mandating educational sessions to reinforce what is (and what is not) appropriate workplace conduct. Joining, California, Connecticut, and Maine, mandatory training will now be required in New York City and New York State. To help
Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law
After years of litigation across the country and sharply divided rulings among the Circuits (some damning class/collective action waivers and others enforcing them), and over seven months after oral argument, the United States Supreme Court upheld the enforceability of arbitration agreements that include class and collective action waivers. It was a close decision, 5-4, like
Congressional Bill: Joint Employer Liability May Become More Limited
The EPL industry rightfully has been concerned about the NLRB’s and courts’ expansion of liability from the seeming employer to those with relationships to that entity. Franchisors increasingly were exposed to liability for franchisees’ alleged misconduct and contractors were being served with lawsuits alleging discrimination by subcontractors or staffing agencies. This expansionist trend may be
Kansas City Region Offices: Kansas City, Missouri and Overland Park, Kansas
Jackson Lewis’ maintains two offices in the Kansas City Region, with a total of nine attorneys. The Overland Park, Kansas office opened in 2014. The Kansas City, Missouri offices opened in 2017. The offices are led by Office Managing Principal Brian J. Christensen. The nine attorney team includes members of the firm’s class action and
Sleeping On The Job Due To Prescription Medication Not A Sufficient Basis to Dismiss Disability Discrimination Complaint
In Beaton v. Metropolitan Transportation Authority New York City Transit, Docket No. 15 CV 08056 (S.D.N.Y. June 15, 2016), the Court denied Defendant’s motion to dismiss Plaintiff’s disability discrimination claims under the ADA and local laws. The case is significant because it addressed an alleged mental disability. By way of background, Plaintiff was employed
Inconsistent Policy Application By Employer Allows Age Discrimination Claim To Survive Summary Judgment
In Jones v. Pate Rehab. Endeavors, Inc., Docket No. 14-CV-2218 (N.D. Tx. June 17, 2016), the Court denied Defendant’s motion for summary judgment dismissing Plaintiff’s age discrimination claim under the ADEA. By way of background, Defendant employed Plaintiff as a Patient Transporter, which required him to transport patients in a motor vehicle. During his