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Employment Discrimination

Age Discrimination

June 19, 2009
U.S. Supreme Court Declines to Ease Plaintiffs’ Burden of Proof in Age Discrimination Cases
July 24, 2006
OWBPA Waivers May Not Require Nationwide Data
April 5, 2005
Supreme Court Rules That Disparate Impact Claims May Be Brought Under the Age Discrimination in Employment Act
September 10, 2004
Supreme Court Expected to Resolve Circuit Split on Whether Disparate Impact Age Discrimination Claims Are Permissible
February 27, 2004
Supreme Court Concludes that the ADEA Does Not Prohibit Reverse Age Discrimination
June 30, 2003
Appellate Court Upholds Age Discrimination Verdict Against Broadcaster Marketing to Young Consumers
July 19, 2002
California Supreme Court Rules that Age Discrimination in Employee Benefits Does Not Violate State Law
April 3, 2002
Supreme Court Sidesteps Disparate Impact Age Discrimination Case
February 13, 2002
Seventh Circuit Deems Failure to Train Managers .Extraordinary Mistake.
January 8, 2001
EEOC Issues Final Regulations on Waivers of Age Discrimination Claims
October 27, 1999
New California Statute Limits Use of Salary as Termination Criterion
July 1, 1995
"Overqualified" is Not Necessarily A Proxy for Age Discrimination
July 1, 1995
Court Reverses Finding of Discrimination in Severance Packages

Based on Off-Duty Actions

December 30, 1999
California Labor Code Amendment Protects Employee Off-Duty Conduct
January 1, 1995
New York Appellate Court Rejects Challenge to "No-Dating" Policy
October 1, 1992
New Law Protects New York Employees From Discrimination Based on Legal Off-Duty Conduct

Burden of Proof

June 23, 2006
Supreme Court Broadens Protections Against Retaliation
August 31, 2005
Refusal To Terminate An Employee Based On Her Looks Supports Retaliation Claim Under California Law
June 17, 2003
Supreme Court Expands Availability of "Mixed Motive" Defense to Employers Sued for Discrimination
June 13, 2000
Second Circuit Eases Burden of Proof of Discrimination Plaintiffs
April 25, 2000
Second Circuit Clarifies Employees' Prima Facie Burden in Failure to Promote Cases

Class Actions

December 31, 2001
Class Action Litigation of Employment Discrimination Claims in 2001

Disability Discrimination

October 6, 2008
President Signs Into Law Significant Amendments to the Americans with Disabilities Act
August 28, 2008
Significant Amendments to the Americans With Disabilities Act on the Horizon
October 26, 2004
Second Circuit Limits Scope of Disability in "Interacting with Others"
September 12, 2003
The Status of the "Interactive Process" as a Mandatory Legal Obligation for Employers in New York
July 2, 2003
Second Circuit Clarifies ADA's Prohibition Against "Medical Inquiries"
April 11, 2003
Second Circuit Holds that ADA Requires Accommodation of an Impairment that Constitutes a "Disability," But Not Other Related Impairments
March 3, 2003
Supreme Court Agrees to Hear Refusal to Rehire Claim of Rehabilitated Substance User
February 24, 2003
California Court Emphasizes That State Law Disability Law Requirements Exceed Those Under Federal Law
September 23, 2002
Litigating Employment Disability Discrimination Claims Without the ADA: What the State and Local Laws Do that Federal Law Doesn't
September 4, 2002
Ninth Circuit Holds That Employers May Not Bar Former Employees From Re-Employment Because Of Past Drug Addiction
June 10, 2002
Supreme Court Upholds .Direct Threat to Self. Defense to ADA Claims
May 23, 2002
California Appeals Court Expands Reasonable Accommodation Requirement Beyond Qualified Individuals with a Disability
April 29, 2002
Supreme Court Rules that the ADA Does Not Trump Employers' Seniority Systems
January 10, 2002
Supreme Court Limits Application of the ADA
December 31, 2001
Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001
October 29, 2001
Ninth Circuit Court of Appeals Narrowly Construes ADA's "Direct Threat" Defense
August 15, 2001
Employees Inability to Use A Computer Keyboard Not a "Disability" Under The Americans With Disabilities
July 6, 2001
Connecticut Adopts DSM Definition of Mental Disability
July 1, 2001
A Comparison of the Definition of "Disability" in the Americans With Disabilities Act, The New York State Human Rights Law, and The New York City Human Rights Law
January 5, 2001
EEOC Issues Guidance on the Application of the ADA to Contingent Workers
November 10, 2000
California Law Broadens Protections for Disabled Employees and Applicants
April 25, 2000
Second Circuit Holds That The ADA Does Not Require Employers to Provide Comparable Long Term Disability Benefits for Men
March 16, 2000
Second Circuit Requires Disabilities Act Plaintiff to Demonstrate the Existence of a Reasonable Accommodation
June 28, 1999
Whether an Individual is "Disabled" Under the ADA is to be Determined With Reference to the Severity of the Individual's Impairment in its Mitigated State, According to Supreme Court
June 18, 1999
Supreme Court Issues Ruling Favorable to Social Security Disability Applicants Who Sue Their Former Employers for Disability Discrimination Under the Americans With Disabilities Act
January 1, 1996
"Reasonable Accommodation" Under ADA Clarified by Second Circuit
September 1, 1994
Recent Developments Under the ADA

General Employment Discrimination Issues

February 20, 2020
New York State Prohibits Discrimination Based Upon Reproductive Health Decisions
February 10, 2020
New Federal Fair Chance Act Prohibits Federal Contractors from Inquiring About or Seeking Criminal History from an Applicant Before a Conditional Offer of Employment is Made
October 16, 2019
New York State Legislature Expands Protections Against Workplace Harassment and Discrimination Under New York Law
September 24, 2019
California Extends Employers’ Deadline to Institute Expanded Sexual Harassment Training
March 27, 2019
As of May 20, 2019, New York City’s Human Rights Law Prohibits Discrimination Based on “Sexual and Reproductive Health Decisions”
September 14, 2012
Important Updates for Employers Conducting Background Checks and Criminal History Inquiries
September 14, 2012
Connecticut Enacts Medical Marijuana Law
November 5, 2009
EEOC Revised Workplace Notice
July 13, 2009
Ricci v. DeStefano: The Practical Implications for Employers
September 22, 2008
EEOC Retains Subpoena Power Even After Right-to-Sue Notice Issues and Charging Party Initiates Litigation
June 5, 2008
President Signs Act Restricting Acquisition and Disclosure of Genetic Information by Employers
November 10, 2005
OFCCP Issues New Rules on Tracking Internet Applicants
November 4, 2003
Federal Court in New York Emphasizes Importance of Non-Discrimination Policies and Training in Denying Employer's Motion for Summary Judgment
August 4, 2003
Federal Court Orders Trial on Validity of Depressed Employee's Release of Claims
February 5, 2001
Federal Appeals Court Holds That Primary Factor In Determining "Employee" Status of Worker Under Anti-Discrimination Laws Is Extent To Which Company Controls The Manner And Means Of Worker's Tasks
July 7, 2000
Second Circuit Concludes That At-Will Employees Can Sue for Race Discrimination Under 42 U.S.C. Section 1981

Individual Liability

November 12, 2000
New California Law Permits Co-Workers to Sue One Another for Workplace Harassment

Religious Discrimination

August 15, 2001
Title VII Requires Employers to Accommodate Religious Practices, Not Preferences

Retaliation

August 8, 2013
Three Significant U.S. Supreme Court Decisions for Employers
May 28, 2008
Pair of Supreme Court Rulings Sustains Workers’ Retaliation Claims
June 23, 2006
Supreme Court Broadens Protections Against Retaliation
July 30, 2003
Second Circuit Rules that Defense of Discrimination Suit Constitutes Protected Activity Under Title VII
May 24, 2001
Second Circuit Rules Employee Protected from Retaliation for Investigating Harassment at Another Entity
May 1, 2001
Supreme Court Decision Provides More Support for Summary Judgment in Title VII Cases
January 1, 1995
Courts Remain Divided on Applicability of Title VII to Retaliation Claims by Former Employees
October 1, 1992
Employer Not Liable Under Title VII for Retaliation Against Former Employee

Sex Discrimination

March 12, 2020
Because of Sex: Whether Title VII Protects Sexual Orientation and Gender Identity
August 8, 2013
Three Significant U.S. Supreme Court Decisions for Employers
May 1, 2006
California Supreme Court Rejects Friends Sexual Harassment Claim
April 17, 2006
District Court Limits Scope of Title VII Transsexual Sex Discrimination Claims
February 8, 2005
Ninth Circuit Holds that Casino's Rule Requiring Female Bartender to Wear Full Makeup Is Not Sex Discrimination
July 24, 2000
Eleventh Circuit Upholds Employer's Termination of a Probationary Employee for Pregnancy-Related Absences

Sexual Harassment

September 24, 2019
California Extends Employers’ Deadline to Institute Expanded Sexual Harassment Training
January 28, 2009
Supreme Court Holds Employee Interviewed in Harassment Investigation Can Claim Retaliation
July 25, 2005
California Supreme Court Rules that Sexual Favoritism Can Constitute A Hostile Work Environment
November 8, 2004
Second Circuit Eases Burden For Proving Hostile Work Environment Claim
October 14, 2004
New California Law Requires Sexual Harassment Training For Supervisors Every Two Years
June 25, 2004
Constructive Discharge as a Tangible Employment Action in Harassment Cases: The Supreme Court Speaks
April 18, 2004
Second Circuit Finds Declining Boss's Advances Does Not Constitute Actionable Sexual Harassment
December 20, 2003
California Supreme Court Recognizes Damages-Limiting Defense to Sexual Harassment Claims Under the Fair Employment and Housing Act
June 17, 2003
Second Circuit Adopts Expansive Definition of "Supervisor" Under Title VII
July 11, 2002
Second Circuit Rules that Sexual Harassment Plaintiffs who have Submitted to a Supervisor's Sexual Advances Establish Automatic Vicarious Liability
July 11, 2002
Infrequent Incidents of "Boorish" Behavior Insufficient to Create Hostile Environment, Second Circuit Rules
December 20, 2001
California Appellate Court Disallows Faragher/Ellerth Affirmative Defense
June 12, 2001
Second Circuit Rules Employee Cannot Recover for Harassment of Others
June 8, 2001
Second Circuit Dismisses Harassment Claim Based on Plaintiff's Failure to Invoke Employer's Policy
May 21, 2001
Ninth Circuit Applies Title VII Harassment Defense To Claims Under California Law
May 1, 2001
Supreme Court Decision Provides More Support for Summary Judgment in Title VII Cases
June 26, 2000
Electronic Bulletin Boards May Be Regarded as Part of the "Workplace" for Purposes of Harassment and Discrimination Laws
June 24, 1999
EEOC Issues Guidance on Vicarious Liability for Unlawful Harassment by Supervisors
July 1, 1998
Supreme Court Clarifies Standards for Employer Liability for Sexual Harassment by Supervisors
May 1, 1998
Sexual Harassment Within the Context of the National Labor Relations Act
April 1, 1998
Employees Have Protection for "Same-Sex" Harassment under Federal Law
April 1, 1994
Second Circuit Expands Employer Liability for Sexual Harassment

State and Local Laws

February 27, 2020
New York City Employers Must Provide Sexual Harassment Training to Independent Contractors and Freelancers Under a Recent Expansion of the New York City Human Rights Law
October 16, 2019
New York State Legislature Expands Protections Against Workplace Harassment and Discrimination Under New York Law
October 16, 2019
New York and California Enact Laws Clarifying Protections Against Discrimination Based on Hair Style or Texture Associated with Race
September 24, 2019
California Extends Employers’ Deadline to Institute Expanded Sexual Harassment Training
October 4, 2018
New York State Division of Human Rights Issues Final Model Policy and Training Documents Related to New Sexual Harassment Law
August 14, 2018
New York City Commission on Human Rights Publishes Required Anti-Sexual Harassment Poster and Information Sheet
April 23, 2018
New York State and New York City Both Expand Laws Prohibiting Workplace Sexual Harassment
May 16, 2017
New York City Bans Employers From Inquiring About the Salary History of Job Applicants
March 24, 2016
New California Regulation Regarding Anti-Discrimination, Harassment, and Retaliation Policies Takes Effect April 1, 2016
April 24, 2015
Mayor de Blasio Signs New York City Law Establishing Formal Tester Program to Investigate Discrimination
January 28, 2014
New York City Employers Must Soon Provide Additional Accommodations for Pregnant Employees
January 28, 2014
Roundup of Recent New Notice Requirements for New Jersey Employers
May 14, 2013
The New York City Human Rights Law Will Soon Protect Against Unemployment Discrimination
July 21, 2009
New Civil Penalties in Employment Cases Under the New York State Human Rights Law
May 20, 2009
New York State Assembly passes Gender Expression Non-Discrimination Act
June 2, 2008
Same-Sex Marriage in California: The Impact on Employers
August 24, 2007
California Fair Employment and Housing Commission Issues Regulations on Mandatory Sexual Harassment Training
May 1, 2006
California Supreme Court Rejects Friends Sexual Harassment Claim
August 31, 2005
Refusal To Terminate An Employee Based On Her Looks Supports Retaliation Claim Under California Law
July 25, 2005
California Supreme Court Rules that Sexual Favoritism Can Constitute A Hostile Work Environment
October 14, 2004
New California Law Requires Sexual Harassment Training For Supervisors Every Two Years
June 18, 2004
Equal Benefits Bill Would Require City Contractors to Provide Domestic Partner Benefit Coverage
December 20, 2003
California Supreme Court Recognizes Damages-Limiting Defense to Sexual Harassment Claims Under the Fair Employment and Housing Act
July 1, 2003
California Appellate Court Considers Age Discrimination an Unfair Business Practice, Requires Disclosure of Verdict to Workforce
June 26, 2003
New York State Assembly Passes "Patriot Plan," Prohibiting Employment Discrimination on the Basis of Military Status
January 2, 2003
New York State Enacts Civil Rights Bill Prohibiting Discrimination Based On Sexual Orientation
November 22, 2002
New York State Human Rights Law Amended to Expand Employers' Obligations to Accommodate Employees' Religious Practices
September 27, 2002
New Connecticut Statute Bars Employers from Inquiring About, or Taking Adverse Action as a Result of, Sealed or Expunged Conviction Records
July 19, 2002
California Supreme Court Rules that Age Discrimination in Employee Benefits Does Not Violate State Law
May 23, 2002
California Appeals Court Expands Reasonable Accommodation Requirement Beyond Qualified Individuals with a Disability
March 21, 2002
California Employers That Elect To Conduct Background Checks On Employees And/Or Applicants Are Subject To Onerous New Requirements
December 31, 2001
Changes in California Labor and Employment Law to Take Effect on January 1, 2002
December 31, 2001
New York City Enacts New Gender-Motivated Violence Act
December 20, 2001
California Appellate Court Disallows Faragher/Ellerth Affirmative Defense
May 21, 2001
Ninth Circuit Applies Title VII Harassment Defense To Claims Under California Law
June 2, 2000
Westchester County Adopts Human Rights Law
May 12, 2000
Height And Weight Are Now Protected Categories In San Francisco

Supervisor Liability

June 17, 2003
Second Circuit Adopts Expansive Definition of "Supervisor" Under Title VII
June 24, 1999
EEOC Issues Guidance on Vicarious Liability for Unlawful Harassment by Supervisors
July 1, 1998
Supreme Court Clarifies Standards for Employer Liability for Sexual Harassment by Supervisors
January 1, 1996
Individual Supervisor Liability Under Title VII
April 1, 1994
Second Circuit Expands Employer Liability for Sexual Harassment

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