Insights

Sep 12, 2003 Employment Discrimination

The Status of the “Interactive Process” as a Mandatory Legal Obligation for Employers in New York

In Reeves & Durham, “Can We Talk? Reasonable Accommodation and the Interactive Process in the West: Spring 2003,” NYSBA Labor and Employment Law Section, Fall Meeting 2003 (“Reeves & Durham”),...

Sep 08, 2003 Labor Relations

NLRB Sustains Employer’s Pre-Election Solicitation of Grievances Consistent With Prior Practice

During the period prior to a representation election conducted by the National Labor Relations Board (the “NLRB”) to determine whether a group of employees desire union representation, the National Labor Relations...

Aug 10, 2003 General Employment Issues

New York Employers Cannot Rely on “Inevitable Disclosure” Doctrine To Protect Confidential Information

A New York appellate court recently ruled that an employer could not rely on the doctrine of “inevitable disclosure” in support of its application for a preliminary injunction barring a former employee from...

Aug 04, 2003 Employment Discrimination

Federal Court Orders Trial on Validity of Depressed Employee’s Release of Claims

Employers who offer a terminated employee severance pay or other separation benefits typically condition those benefits on the employee’s execution of a general release, waiving all legal claims arising out of his/her...

Jul 30, 2003 Employment Discrimination

Second Circuit Rules that Defense of Discrimination Suit Constitutes Protected Activity Under Title VII

Title VII of the Civil Rights Act of 1964 includes a provision prohibiting an employer from retaliating against an individual who “has opposed any practice made an unlawful employment practice by this subchapter, or...

Jul 01, 2003 Employment Discrimination

California Appellate Court Considers Age Discrimination an Unfair Business Practice, Requires Disclosure of Verdict to Workforce

On June 12, 2003, the California Court of Appeal for the Second District affirmed a jury verdict of over $5 million, plus $1.7 million in attorneys’ fees, in an age discrimination and unfair competition law...

Jun 30, 2003 Employment Discrimination

The Status of the “Interactive Process” as a Mandatory Legal Obligation for Employers in New York

NLRB Sustains Employer’s Pre-Election Solicitation of Grievances Consistent With Prior Practice

New York Employers Cannot Rely on “Inevitable Disclosure” Doctrine To Protect Confidential Information

Federal Court Orders Trial on Validity of Depressed Employee’s Release of Claims

Second Circuit Rules that Defense of Discrimination Suit Constitutes Protected Activity Under Title VII

California Appellate Court Considers Age Discrimination an Unfair Business Practice, Requires Disclosure of Verdict to Workforce

Appellate Court Upholds Age Discrimination Verdict Against Broadcaster Marketing to Young Consumers

New York State Assembly Passes “Patriot Plan,” Prohibiting Employment Discrimination on the Basis of Military Status

Supreme Court Expands Availability of “Mixed Motive” Defense to Employers Sued for Discrimination

Second Circuit Adopts Expansive Definition of “Supervisor” Under Title VII

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