A Return Of “Common Sense” To The Courtroom? DC Circuit Concludes That AT&T Connecticut Was Justified In Banning Employees From Wearing “Prisoner Of AT$T” Shirts In Customer Homes

How would you feel if a telephone or cable repair person showed up at your residence wearing a t-shirt that said “Inmate”?  In Southern New England Telephone Company v. National Labor Relations Board  the United States Court of Appeals for the District of Columbia Circuit recently reversed a finding of the National Labor Relations Board (“NLRB”)…

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Discrimination at Any Age

In  the Age Discrimination in Employment Act (“ADEA”),  29 U.S.C. § 621 et seq, Congress in 1967 prohibited discrimination in employment because of a person’s age, but limited the protections of the law to individuals who are at least 40 years old.  The preamble to the statute explained that Congress wanted to prevent the setting…

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Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his “probable” role of being “at least generally aware” that Patriots personnel were involved in the intentional deflation of footballs prior to the…

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Recent Colorado Supreme Court Decision on Medical Marijuana Highlights Risks Facing Employers in Connecticut Who Seek to Enforce Drug Free Workplace Policies

As many of our clients know, we frequently train and counsel employers on the implications of Connecticut’s medical marijuana law in the workplace.  Although medical marijuana use remains illegal under federal law, Connecticut’s statute legalizes medical marijuana use in the state and affords users and caregivers certain protections.  One of these protections is contained in…

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The Basic Steps for an Employer to Comply with the Uniformed Services Leave Act

Since the law has been on the books for over a decade, most employers know that employees serving in our armed services who are called to active or reserve duty are entitled to job reinstatement, within certain parameters, once that service is complete. That law is, of course, the Uniformed Services Employment and Reemployment Rights…

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Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive Damages

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and comfort) to employers. First, the court identified a relatively unusual situation in which a plaintiff claiming that he was discriminated…

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