Employment Discrimination Archives - Page 11 of 13

Feb 05, 2001 Employment Discrimination

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

Most laws prohibiting discrimination in employment protect workers who are “employees” but not those who are “independent contractors.” The U.S. Court of Appeals for the Second Circuit in New York...

Jan 08, 2001 Employment Discrimination

EEOC Issues Final Regulations on Waivers of Age Discrimination Claims

It is common practice for employers to condition payment of severance to outgoing employees on the employees’ consent to waive employment-related claims. In order to hold up in court, however, such waivers must meet a...

Jan 05, 2001 Employment Discrimination

EEOC Issues Guidance on the Application of the ADA to Contingent Workers

On December 27, 2000, the U.S. Equal Employment Opportunity Commission (the “EEOC”) issued new enforcement guidance clarifying the application of the Americans with Disabilities Act (the “ADA”) to...

Nov 12, 2000 Employment Discrimination

New California Law Permits Co-Workers to Sue One Another for Workplace Harassment

A recent amendment to California’s Fair Employment and Housing Act (“FEHA”), effective on January 1, 2001, will permit co-workers to sue one another personally for unlawful harassment in the workplace. While...

Nov 10, 2000 Employment Discrimination

California Law Broadens Protections for Disabled Employees and Applicants

Many employers, especially those in safety-sensitive industries, express concern that hiring applicants with certain disabilities could pose hazards in the workplace. The Americans with Disabilities Act (the...

Jun 26, 2000 Employment Discrimination

Electronic Bulletin Boards May Be Regarded as Part of the “Workplace” for Purposes of Harassment and Discrimination Laws

On June 1, 2000, the New Jersey Supreme Court unanimously ruled that offensive messages posted on an electronic bulletin board may constitute harassment in the workplace, in violation of Title VII of the Civil Rights Act of...

Jun 24, 2000 Employment Discrimination

Eleventh Circuit Upholds Employer’s Termination of a Probationary Employee for Pregnancy-Related Absences

The Pregnancy Discrimination Act (the “PDA”), enacted in 1978, provides that discrimination against an employee because of “pregnancy, childbirth, or related medical conditions” constitutes prohibited...

Jun 13, 2000 Employment Discrimination

Second Circuit Eases Burden of Proof of Discrimination Plaintiffs

The U.S. Court of Appeals for the Second Circuit in New York has recently eased the burden to be met by an employee claiming a discriminatory failure to promote. Mauro v. Southern New England Telecommunications, Inc., 2000...

May 12, 2000 Employment Discrimination

Height And Weight Are Now Protected Categories In San Francisco

On May 8, 2000, San Francisco’s Board of Supervisors unanimously voted to pass legislation banning discrimination in housing and employment on the basis of height and weight. Mayor Willie Brown has signed the...

Apr 25, 2000 Employment Discrimination

Second Circuit Holds That The ADA Does Not Require Employers to Provide Comparable Long Term Disability Benefits for Men

The U.S. Second Circuit Court of Appeals recently decided that a long term disability (“LTD”) plan which provides less generous benefits to those suffering from mental and emotional disabilities than to those...

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Category: Employment Discrimination