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Insights

Jul 11, 2002 Employment Discrimination

Infrequent Incidents of “Boorish” Behavior Insufficient to Create Hostile Environment, Second Circuit Rules

The U.S. Court of Appeals for the Second Circuit in New York recently reversed a $150,000 jury award in a sexual harassment case, finding that the complained of conduct did not rise to the level of an actionable hostile...
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Jul 11, 2002 Employment Discrimination

Second Circuit Rules that Sexual Harassment Plaintiffs who have Submitted to a Supervisor’s Sexual Advances Establish Automatic Vicarious Liability

The U.S. Court of Appeals for the Second Circuit recently ruled that an employee who submits to her supervisor’s unwelcome sexual advances suffers a “tangible employment action,” with the result that the...
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Jul 11, 2002 Labor Relations

Supreme Court Rules that Reasonably Based, Unsuccessful Suit Brought for Retaliatory Purpose is not an Unfair Labor Practice

On June 24, 2002, the U.S. Supreme Court ruled that the National Labor Relations Board (the “NLRB”) applied an invalid standard in finding that an employer committed an unfair labor practice by bringing an...
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Jun 27, 2002 General Employment Issues

Proposed California Legislation Would Restrict Arbitration of Employment-Related Disputes

The California Legislature is considering several bills that would drastically change the manner in which employment disputes are resolved in the state. The Assembly Judiciary Committee recently proposed a six-bill package...
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Jun 10, 2002 Employment Discrimination

Supreme Court Upholds .Direct Threat to Self. Defense to ADA Claims

On June 10, 2002, the U.S. Supreme Court unanimously reversed a decision of the Court of Appeals for the Ninth Circuit and ruled that employers may assert a “direct threat to self” defense to claims under the...
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Jun 02, 2002 Employment Discrimination

Westchester County Adopts Human Rights Law

Westchester County, located north of New York City and the site of the headquarters of many major companies, has adopted a Human Rights Law, expanding the legal protections afforded to employees and applicants for employment...
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May 23, 2002 Employment Discrimination

California Appeals Court Expands Reasonable Accommodation Requirement Beyond Qualified Individuals with a Disability

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...
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May 05, 2002 General Employment Issues

California Employers Face New Restrictions on the Use of Social Security Numbers

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...
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May 02, 2002 General Employment Issues

New York Employers Must Provide Notice of Electronic Monitoring Beginning May 7, 2022

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...
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Apr 29, 2002 Employment Discrimination

Supreme Court Rules that the ADA Does Not Trump Employers’ Seniority Systems

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...
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