Insights

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

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

The federal Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-34 (“ADEA”), makes it unlawful for employers to discriminate against employees or applicants who are forty years of age or older. The...

Jun 26, 2003 Employment Discrimination

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

On June 20, 2003, the New York State Assembly approved a comprehensive package of bills, known collectively as the “Patriot Plan,” that would extend to military personnel the protection of the State’s Human...

Jun 17, 2003 Employment Discrimination

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

In Desert Palace, Inc. v. Costa, decided on June 9, 2003, the United States Supreme Court construed the “mixed motive” provisions of the 1991 Civil Rights Act in a way that expands the availability of an...

Jun 17, 2003 Employment Discrimination

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

In a recent decision, the U.S. Court of Appeals for the Second Circuit in New York adopted a broad definition of “supervisor” for purposes of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and...

Jun 12, 2003 Labor Relations

Abusive Employee Retains NLRA Rights

Section 7 of the National Labor Relations Act (“NLRA”) protects the rights of employees to join, form and support unions, as well as to engage in other “concerted activity for the purpose of collective...

Jun 02, 2003 Employment Discrimination

Second Circuit Clarifies ADA’s Prohibition Against “Medical Inquiries”

The U.S. Court of Appeals for the Second Circuit recently ruled that the New York Department of Correctional Service’s sick leave policy, requiring corrections officers to submit a general diagnosis as a precondition to...

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