The Connecticut Fair Employment Practices Act (“FEPA”) prohibits employment discrimination based on “present or past history of mental disorder.” Until recently, however, the statute did not define...
Jun 05, 2001
General Employment Issues
New Jersey Supreme Court Decision Restricts Employees’ Use of Employer’s Customer List To Set Up Competing Business
The New Jersey Supreme Court recently issued a decision that limits the ability of employees to use of an employer’s customer list to set up a competing business, ruling that customer information may be protectible...
The U.S. Supreme Court has just overturned a key element of the standard long applied by the National Labor Relations Board (“NLRB”) in determining whether an employee is a supervisor. The Court ruled that certain...
On May 21, 2001, Sen. Susan Collins (R-Maine) introduced legislation to exclude from taxable income amounts received for employment discrimination claims. If enacted, the Civil Rights Tax Relief Act of 2001 (S. 917) would...
May 24, 2001
Employment Discrimination
Second Circuit Rules Employee Protected from Retaliation for Investigating Harassment at Another Entity
Title VII of the Civil Rights Act of 1964 provides that an employer may not retaliate against any of its employees because they have filed a charge under Title VII, have opposed any practice made unlawful under Title VII,...
May 21, 2001
Employment Discrimination
Ninth Circuit Applies Title VII Harassment Defense To Claims Under California Law
The U.S. Court of Appeals for the Ninth Circuit in San Francisco has ruled that an affirmative defense available to claims of workplace harassment by supervisors under federal law (Title VII) also applies to such claims...
May 01, 2001
General Employment Issues
Exempt Employee Paid At An Hourly Rate While Working A Reduced Schedule For FMLA-Qualifying Reasons Not Eligible For Overtime Pay
The U.S. Court of Appeals for the Ninth Circuit Court of Appeals recently ruled that an injured employee’s reduced work schedule was properly characterized as protected, unpaid leave under the Family Medical Leave Act...
May 01, 2001
Employment Discrimination
Supreme Court Decision Provides More Support for Summary Judgment in Title VII Cases
In a per curiam decision dated April 23, 2001, the United States Supreme has reaffirmed the proposition that an “isolated incident” of arguably sexual banter cannot give rise to a viable sexual harassment claim...
Apr 17, 2001
General Employment Issues
Bush Administration Revokes Occupational Safety and Health Administration.s Ergonomic Rules
On March 20, 2001, President George W. Bush signed a bill repealing the Federal Occupational Safety and Health Administration’s (“OSHA”) ergonomic rules. This action by the President followed votes by both...
Apr 17, 2001
General Employment Issues
Proposed Federal Legislation Would Prohibit Arbitration Clauses Covering Statutory Employment Claims
On the heels of the United States Supreme Court’s ruling in Circuit City, Inc. v. Adams, No. 99-1379, proposed legislation has already been introduced in Congress to overturn the Supreme Court’s ruling....