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
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Federal Judge Reinstates Use of Revised EEO-1 Form, Effective Immediately
A U.S. District Court has immediately restored the prior directives of the Equal Employment Opportunity Commission and Office of Management and Budget requiring use of a revised EEO-1 form where employers with at least 100 employees have to report detailed information on their employees’ wages and hours, broken down by gender, race, and ethnicity. For…
Federal District Court: Location of Employment Governs Applicable Law
Where an employee works outside the jurisdiction where the decision-maker is located, which location’s law applies? A recent decision by a New York federal court in Amaya v. Ballyshear LLC confirms that a key factor is the location of the impact of the alleged discriminatory conduct. In Amaya, plaintiff worked outside the City of…
Sixth Circuit Rules on Sexual Misconduct Case
The Sixth Circuit recently held, in Doe v. Baum, that a public university violated the Due Process Clause and Title IX when it did not allow a student accused of sexual misconduct to conduct a cross-examination of the claimant during university-run proceedings. The Court ruled that since the public university had to “choose between competing…
California Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts Vetoed
California’s Governor vetoed a bill that would have imposed restrictions on the use of arbitration agreements for certain employment claims. For a complete summary, see our firm’s blog post by clicking here.
New Sexual Harassment Law Taking Effect in Maryland
Effective October 1, 2018, a new Maryland law will prohibit waivers related to an employee’s future sexual harassment claims and future retaliation claims for making a sexual harassment claim. For a more complete analysis, please click here.
Agreement’s Requirement To Forego Claims Of Future Discriminatory Conduct May Constitute A Materially Adverse Action
In Lester v. O’Rourke, the United States District Court for the North District of Illinois held that Plaintiff is entitled to trial on his Title VII retaliation claim after he signed a Last Chance Agreement (“LCA”) that settled pending Title VII claims and also waived claims that might be asserted if the employer disciplined…
Washington Law Limits Employer’s Right to Plaintiff’s Medical Records in Discrimination Cases
Effective June 7, 2018, employers defending claims brought under Washington’s Law Against Discrimination are constricted in their ability to obtain a plaintiff’s medical records, and are entitled to do so only if the plaintiff: (1) alleges a specific diagnosable physical or psychiatric injury as a proximate result of the defendant’s alleged conduct; (2) relies on…
Neutral Hiring Practices Can Still Result in a Valid Discrimination Claim
Under the theory of “disparate impact,” even facially neutral policies can result in claims of discrimination when a “protected group” suffers a statistical disadvantage vis a vis another group (i.e., the rule of thumb is a twenty-percent disadvantage). For example, in Andreana v. Virginia Beach City of Public Schools, the United States District Court…
Unplug: Will Employees Soon Have The “Right to Disconnect?”
If a proposed law is enacted by the New York City Council, employers would be prohibited from requiring employees to check and respond to email or other electronic communications during non-work hours. The bill allows for exceptions in “cases of emergency” and would require employers to publish a written policy governing work-related communications during non-work…