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Insights

Jun 24, 1999 Employment Discrimination

EEOC Issues Guidance on Vicarious Liability for Unlawful Harassment by Supervisors

On June 18, 1999, the Equal Employment Opportunity Commission (“EEOC”) issued guidance setting forth standards of liability for employers for unlawful harassment by supervisors under Title VII of the Civil Rights...
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Jun 18, 1999 Employment Discrimination

Supreme Court Issues Ruling Favorable to Social Security Disability Applicants Who Sue Their Former Employers for Disability Discrimination Under the Americans With Disabilities Act

In a pair of decisions announced on June 22, 1999, the U.S. Supreme Court ruled that, in determining whether an individual is “disabled” under the Americans With Disabilities Act (the “ADA”), the...
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Dec 02, 1998 Labor Relations

Supreme Court Rules on Union Waivers of Civil Rights Claims in Collective Bargaining Agreements

Most collective bargaining agreements contain grievance procedures which mandate that disputes be resolved through arbitration, and courts generally read such provisions expansively to require that virtually all workplace...
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Dec 02, 1998 Labor Relations

Supreme Court Clarifies Legality of Union Security Clause Requiring “Union Membership”

On November 3, 1998, the U.S. Supreme Court ruled that a union does not violate its duty of fair representation by negotiating a union security clause which requires each covered employee to be a “member in good...
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Sep 29, 1998 Employment Termination

Preventing Post-Employment Lawsuits: Releases That Do the Job

New guidance is available to employers who request that departing employees sign severance agreements in an attempt to limit future age discrimination lawsuits. A recent Supreme Court decision and newly published EEOC...
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Jul 01, 1998 Employment Discrimination

Supreme Court Clarifies Standards for Employer Liability for Sexual Harassment by Supervisors

On Friday, June 26, 1998, the U.S. Supreme Court issued two decisions which provide important guidance to employers in the area of sexual harassment. These two decisions, Faragher v. City of Boca Raton and Burlington...
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May 01, 1998 Labor Relations

Sexual Harassment Within the Context of the National Labor Relations Act

We examine here two aspects of labor law. The first is whether and in what circumstances certain forms of sexual harassment can constitute an interference with the exercise of an employee’s rights under Section 7 of the...
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Apr 01, 1998 Employment Discrimination

Employees Have Protection for “Same-Sex” Harassment under Federal Law

The United States Supreme Court, in a case named Oncale v. Sundowner Offshore Services, Inc., recently ruled that the federal law prohibiting sexual harassment applies to situations where a harasser and a harassed employee...
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Sep 22, 1997 Labor Relations

Union Security Clause Facially Invalid

Many collective bargaining agreements contain a union security clause, providing that each employee covered by the agreement must become a member of the union within thirty-one days of the employee’s date of hire. By...
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Sep 21, 1997 Wage & Hour Issues

New York Passes Unpaid Wages Prohibition Act

On September 18, 1997, New York Governor Pataki signed into law amendments to the State Labor Law which significantly enhance the statutory penalties for underpayment or non-payment of wages. The new law, entitled the Unpaid...
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