Archives: discrimination

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Refusal To Re-take Physical Abilities Test Dooms Plaintiff’s Ability To Allege Adverse Employment Action

The absence of an adverse employment action by an employer routinely is fatal to a claim of discrimination (absent proof of constructive discharge). This bedrock principle was reiterated recently in a case where an applicant alleged that she was forced to resign after failing a physical abilities test. Jane D. Dicocco v. William P. Barr … Continue Reading

Employee’s Electronic Acknowledgement of Arbitration Agreement Sufficient

Although the Federal Arbitration Act (“FAA”) places arbitration agreements on the same footing as any other contract and generally precludes state laws banning mandatory arbitration, employers must ensure that their arbitration agreement are enforceable contracts – an issue governed by state law. In Taylor v. Dolgencorp, LLC, an employer sought to compel arbitration of claims … Continue Reading

Illinois Expands State Human Rights Act to Include Employers with One or More Employees

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 … Continue Reading
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