Monthly Archives: July 2014

What Is The Interactive Process?

The interactive process is a crucial step for an employer in dealing with an employee’s request for accommodation of a disability. Failure to conduct and document the interactive process can result in liability under the Americans with Disabilities Act and the related Connecticut fair employment practice statutes, even when the employee’s initial request might not…

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EEOC Issues New Guidance on Pregnancy Discrimination

Clients often call with questions regarding their need to provide accommodations to pregnant women.  In fact, I received such a call last week and was working through a particularly complicated issue when the Equal Employment Opportunity Commission issued new guidelines yesterday attempting to clarify how employers must accommodate employees with pregnancy-related disabilities.  While pregnancy accommodation…

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Fortunately, Sometimes Life is “Unfair”: Town of Greenwich v. Greenwich Municipal Employees Association and Reversal of an Overreaching Arbitration Decision

Lawyers like to believe that arbitration decisions concerning employee discipline should be made in accordance with the law and the applicable collective bargaining agreement, not solely by an arbitrator’s personal notions of fairness.  In a decision issued June 5, 2014, a Superior Court judge reminded us that while arbitration rulings usually are difficult to overturn,…

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Lowe’s Settles Independent Contractor Misclassification Case

Buying something at Lowe’s? Need help putting it where it belongs, hooking it up, making it work? “Get it installed by a Lowe’s professional,” Lowe’s advertises. Over 4000 such “Lowe’s professionals” in California are members of the plaintiff class in an action alleging that Lowe’s misclassified its installers as independent contractors, rather than employees, thus…

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