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On June 1, 2001, the Immigration and Naturalization Service (“INS”) launched a new premium processing service for employment-based visas through which, for a $1,000 fee, INS guarantees that applications will be...
On June 4, 2001, the U.S. Supreme Court decided that amounts awarded as “front pay” to discrimination plaintiffs are not subject to the limitations on damages contained in the Civil Rights Act of 1991. Pollard v....
Jun 08, 2001
Employment Discrimination
Second Circuit Dismisses Harassment Claim Based on Plaintiff’s Failure to Invoke Employer’s Policy
In a pair of cases decided in 1998, Burlington Indus. Inc. v. Ellerth, 524 U.S. 742 (1998) and Faragher v. Boca Raton, 524 U.S. 775 (1998), the U.S. Supreme Court established an affirmative defense for employers in certain...
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...