Insights

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...

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...

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,...

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...

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...

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...

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...