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Job Applicants Cannot Bring Disparate Impact Claims Under Age Discrimination In Employment Act

The U.S. Court of Appeals for the Eleventh Circuit recently rejected a claim that applicants  can sue for disparate impact under the federal Age Discrimination in Employment Act (ADEA).  Villarreal v. R.J. Reynolds Tobacco Company, et al., 2016 U.S. App. LEXIS 18074 (Oct. 5, 2016). The plaintiff alleged that R.J. Reynolds Tobacco Company’s recruiting practices … Continue Reading

Failure to Provide Documentation, Misconduct, Defeats FMLA Retaliation Claim in the Process

The U.S. District Court for the Southern District of New York recently granted an employer’s motion for summary judgment dismissing wrongful termination claims. Cruz v. Wyckoff Heights Med. Ctr., No. 13 Civ. 8355 (S.D.N.Y. Sept. 23, 2016).  In Cruz,  plaintiff used intermittent leave under the Family and Medical Leave Act (“FMLA”) for ulcerative colitis from … Continue Reading

The U.S. DOL Today Released Its Final Rule Requiring Paid Sick Leave for Contractors

We are writing to alert you to yet another source of wage-hour and wage-payment claims.  EO 13706 mandates that government contractors and sub-contractors provide paid sick days in addition to any other PTO requirement (such as the vacation pay requirement contained in the Service Contract Act).  Failure to make payments could result in liability to … Continue Reading

AVP’s Alleged Remarks Send Dispute to Jury in EEOC Case

A U.S. District Court in Maryland recently denied an employer’s motion for summary judgment allowing the EEOC to pursue its allegation that an employer engaged in discriminatory practices regarding a promotion.  EEOC v. Dimensions Healthcare Sys., No. 15-2342 (D. Md. Sept. 2, 2016).    The employer’s Associate Vice President (“AVP”) is alleged to have advised … Continue Reading

New Jersey Bill Seeks to Bar Pre-Hire Inquiries into Candidate Compensation History

The New Jersey State Assembly is considering a bill (A-4119) that would amend the New Jersey Law Against Discrimination (“LAD”) to prohibit an employer from seeking compensation information on a candidate. If passed, the legislation will affect the hiring process in New Jersey, including requiring changes to application materials, interview questions, and negotiations over compensation.    … Continue Reading

Muslim Employee Has a Triable Discrimination Claim Arising From a Five-Day Suspension for Using the Gym During Work Hours

The U.S. District Court for the District of Connecticut ruled that a Muslim employee raised a triable national origin and religion discrimination claim against his employer arising out of his five-day suspension for using the gym during work hours. Ucar v. Conn. Dep’t of Transp., (D. Conn., No. 14-CV-765, 8/11/16).  The situation arose when, after … Continue Reading

Fifth Circuit: Evidence That Not All Employees Received or Were Trained on Employer’s Harassment Policy Sufficient to Create Fact Issue on Faragher/Ellerth Defense

In light of evidence that not all employees were given training or information about the employer’s sexual harassment policy, the Fifth Circuit recently reversed the grant of summary judgment in favor of an employer.  The court ruled that the evidence was sufficient to create a fact issue as to whether the employer took reasonable steps … Continue Reading


EEOC has released updates to its proposed EEO-1 reporting provisions. The updates were published July 14, 2016 in the Federal Register and the public with have 30 days to submit comments.  The updates consider and respond to many of the comments that were submitted in response to the Agency’s original proposal which was published earlier this … Continue Reading

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 by … Continue Reading