Insights

Under the Americans with Disabilities Act (“ADA”), employers are not obligated to accommodate disabled applicants or employees who, even with accommodation, would be unable to perform the essential functions of...

A recently-enacted California law imposes new restrictions on the use of Social Security numbers for identification purposes. The legislation (“SB 168”) aims to combat identity theft with a two-pronged approach...

Effective May 7, 2022, private sector New York employers must provide notice to employees if they monitor employees’ telephones, emails, and/or internet access/usage (“employee communications”). The new law (the...

The U.S. Supreme Court ruled on April 29, 2002, that the ADA does not pre-empt employers’ seniority systems. US Airways, Inc. v. Barnett, 00-1250, 535 U.S. __ (2002). Thus, an employer is not ordinarily required to...

On April 1, 2002, just eleven days after hearing oral argument in an age discrimination case that had the potential to resolve a split among the federal appeals courts on an important issue of age discrimination, the U.S....

California’s Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786 (the “Act”) was recently amended in ways that will prove far more onerous to California employers than the old law. These...

By a vote of 5-4, the United States Supreme Court has struck down a controversial Department of Labor (“DOL”) regulation providing that time off from work may not be counted against an employee’s 12 weeks of...

The Age Discrimination in Employment Act (“ADEA”) prohibits employers from discriminating against employees who are age forty and over. The statute provides that if a jury finds an employer willfully violated...

In the latest development relating to the rights of employees represented by a union to refrain from union activity, a federal judge has struck down an Executive Order issued by President Bush that required government...

In its latest pronouncement relating to the subject of the arbitration of employment discrimination claims, the U.S. Supreme Court has ruled that the Equal Employment Opportunity Commission (“EEOC”) may file a...