In a recent decision, the United States District Court for the Southern District of New York granted summary judgment in favor of the defendant, dismissing the plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This case serves as a critical reminder for employment lawyers and human…
Articles Posted in Discrimination and Unlawful Harassment
Underwear Where?!? A Cautionary Tale of Retaliation, Timing, and Documentation
Human resources professionals often encounter bizarre and unexpected situations, especially around the holidays. However, few can top the case where an employee’s choice of attire—or lack thereof—led to a significant legal battle over retaliatory discharge. This recent federal court decision serves as a humorous yet critical reminder of the importance of…
EEOC to employer: You didn’t accommodate painful menstrual cramps. See you in court!
On Christmas Eve day, the U.S. Equal Employment Opportunity Commission (EEOC) announced it had filed a significant lawsuit alleging discrimination based on disability and sex during the hiring process. The case centers around an individual who suffers from endometriosis, a condition that causes severe menstrual cramps, nausea, and headaches, potentially…
A Legal Tale Before Christmas: How a $2,575,000 jury award for retaliation got reduced to one measly buck.
‘Twas two nights before Christmas, in the Second Circuit’s hall, A case was decided, with judges standing tall. A plaintiff determined, with claims in her hand, Against her former employer, she took a firm stand. Her journey began with a trial so grand, Where a jury awarded her a hefty…
Feds to Supreme Court: Level the playing field for plaintiffs claiming reverse discrimination
In October, I blogged about the Supreme Court’s decision to weigh in on whether a heightened standard should apply when heterosexual workers, white men, or any employees in a majority group claim discrimination at work. The case has garnered significant attention due to its potential impact on workplace discrimination laws.…
Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity
Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in…
What HR should know about the EEOC’s New Guidance on the Pregnant Workers Fairness Act (PWFA) for Health Care Providers
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) recently released new information to assist healthcare providers in helping their patients secure pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA). Although healthcare providers are the intended audience, human resources professionals are pivotal in ensuring compliance…
Let’s revisit Friday’s post about what state’s laws apply to a remote NJ worker’s employment claims
Back by popular demand. I see that Friday’s post threw some of you for a loop. Perhaps you were always told (or just assumed) that if your business has employees working from home in another state, then that state’s law would apply to some or all claims they may have…
Can out-of-state remote workers handpick the most favorable state employment laws for a lawsuit?
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely…
How can an individual without an actual disability still have an ADA claim?
It happens when an individual—a job applicant or current employee—is “regarded as having a disability” under the Americans with Disabilities Act. I’ll give you an example. Let’s say you hire someone online and sight unseen for a customer-facing position like a cashier or a salesperson at a department store. That…