After being issued more than 12 years ago, the Equal Employment Opportunity Commission (EEOC) voted to publish a proposed update to its Compliance Manual section on religious discrimination. Once published, it will be open and available for public comment. According to the EEOC, the updated guidance will reflect recent legal developments and emerging issues under
Timothy J. Domanick
Updated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work
By Timothy J. Domanick on
Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work. The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing. In adding Question A.7, the EEOC…
“No Backsies?” — Not Rehiring a Recently Retired Employee Can Lead to Liability
By Timothy J. Domanick on
Posted in ADEA
Based on a set of somewhat unusual facts, a federal district court in Ohio ruled that an employer that refused to rehire a recently retired individual to his former position will need to argue at a jury trial that its decision was not based on age. In Rose v. City of Toledo, a 62-year-old…
Manager’s Observation of Harassment Places Liability on Employer
By Timothy J. Domanick on
Posted in Title VII
Under generally accepted Title VII principles, an employer can be held liable when a co-worker harasses a co-worker if a supervisor is aware of the harassment, but fails to take prompt corrective action. This principle was reiterated in EEOC v. Driven Fence, Inc., where an African American Plaintiff quit his job after being subjected…
Court of Appeals Rules Landlords Can Be Liable for Tenants’ Discriminatory Conduct
By Timothy J. Domanick on
Posted in Uncategorized
Just when landlords and their insurers thought that their obligations couldn’t get broader, the Second Circuit Court of Appeals ruled the federal Fair Housing Act’s anti-discrimination requirement extends to every part of the housing relationship, including discrimination by another tenant (not by the landlord) that occurs after the sale or rental transaction is completed. Francis…
Pregnancy-Related Restroom Breaks May Be Protected Under ADA, and Not Title VII
By Timothy J. Domanick on
Claiming that frequent restroom breaks were required by a pregnancy-related medical condition, a former employee’s claims were allowed to proceed under the Americans with Disability Act, but not Title VII. In Wadley v. Kiddie Academy International, Inc., plaintiff alleged that the employer discriminated against her because of a pregnancy-related disability by discharging her for…
Jury May Find Pregnancy Discrimination Where Employer Refused To Assign Work To Avoid Injury To Pregnant Worker
By Timothy J. Domanick on
Posted in Compliance Tip, Title VII
Pregnancy discrimination can arise from an employer’s effort to “protect” a pregnant worker from harm, just as it can from other adverse actions. In Cameron v. NYC Dept. of Educ., 15-cv-9900 (S.D.N.Y), it was alleged that plaintiff no longer received teaching assignments after her pregnancy became visible and known. According to plaintiff, the principal…
Second Circuit: Sexual Orientation Discrimination Covered by Title VII
By Timothy J. Domanick on
Posted in Uncategorized
In a divided en banc opinion, the Second Circuit Court of Appeals ruled that sexual orientation discrimination is covered by Title VII’s ban on gender discrimination. Deepening a Circuit split within the U.S. Courts of Appeals, the Second Circuit adopted the reasoning of the Seventh Circuit in Hively v. Ivy Tech Cmty. College of Ind…
Rescinding Termination May Not Defeat Retaliation Claim
By Timothy J. Domanick on
Posted in Case Law update, Title VII
Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon. The Court’s ruling permitted a plaintiff’s retaliation claim to survive summary judgment even though the employer rescinded the termination and rehired plaintiff within 24 hours…
Spousal Jealousy Provides Grounds for Discrimination Claim
By Timothy J. Domanick on
Posted in Case Law update, Compliance Tip
In a decision of apparent first impression in New York, an appellate court has ruled that the sexual jealousy of an employer’s spouse may be considered gender discrimination under New York State and New York City law (Edwards v. Nicolai). In this case, the husband and wife were co-owners of a chiropractic office. …