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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...
As the size of jury verdicts in employment cases – and especially employment discrimination cases – has continued to increase recent years (see What Damages Cap? Significant Jury Awards in Employment Cases in 1999), it...
Jun 26, 2000
Employment Discrimination
Electronic Bulletin Boards May Be Regarded as Part of the “Workplace” for Purposes of Harassment and Discrimination Laws
On June 1, 2000, the New Jersey Supreme Court unanimously ruled that offensive messages posted on an electronic bulletin board may constitute harassment in the workplace, in violation of Title VII of the Civil Rights Act of...
Jun 26, 2000
Damages
Reliance on Advice of Counsel May Insulate Employers from Punitive Damage Liability in Discrimination Cases
For most employers, the specter of being held liable for substantial punitive damages in an employment discrimination case is cause for great concern, especially in light of the numerous substantial and highly-publicized...
Jun 24, 2000
Employment Discrimination
Eleventh Circuit Upholds Employer’s Termination of a Probationary Employee for Pregnancy-Related Absences
The Pregnancy Discrimination Act (the “PDA”), enacted in 1978, provides that discrimination against an employee because of “pregnancy, childbirth, or related medical conditions” constitutes prohibited...
Jun 13, 2000
Employment Discrimination
Second Circuit Eases Burden of Proof of Discrimination Plaintiffs
The U.S. Court of Appeals for the Second Circuit in New York has recently eased the burden to be met by an employee claiming a discriminatory failure to promote. Mauro v. Southern New England Telecommunications, Inc., 2000...
In recent years, employers have been faced with an ever-increasing number of employment discrimination claims, including claims for violation of Title VII, the Americans with Disabilities Act (“ADA”), the Age...
May 12, 2000
Employment Discrimination
Height And Weight Are Now Protected Categories In San Francisco
On May 8, 2000, San Francisco’s Board of Supervisors unanimously voted to pass legislation banning discrimination in housing and employment on the basis of height and weight. Mayor Willie Brown has signed the...
Apr 25, 2000
Employment Discrimination
Second Circuit Holds That The ADA Does Not Require Employers to Provide Comparable Long Term Disability Benefits for Men
The U.S. Second Circuit Court of Appeals recently decided that a long term disability (“LTD”) plan which provides less generous benefits to those suffering from mental and emotional disabilities than to those...
Apr 25, 2000
Employment Discrimination
Second Circuit Clarifies Employees’ Prima Facie Burden in Failure to Promote Cases
The U.S. Court of Appeals for the Second Circuit in New York has recently eased the burden to be met by an employee claiming a discriminatory failure to promote. Mauro v. Southern New England Telecommunications, Inc., 2000...