Author: Melinda Kaufmann

Connecticut District Court Rules That Employer Cannot Rescind Job Offer Because Of Medical Marijuana Use

Since Connecticut passed the Palliative Use of Marijuana Act (“PUMA”), employers have struggled with how to apply its anti-discrimination provisions in various workplace situations. This is especially confusing given that the use of marijuana, even for medicinal purposes, is still considered illegal under federal law.  This month, the U.S. District Court for Connecticut, in Noffsinger…

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Commission On Human Rights Issues Guidance On Nondiscrimination Against Veterans

The Connecticut Commission on Human Rights and Opportunities has issued guidance on nondiscrimination in the hiring and employment of Connecticut veterans (the “Guidance”). Although discrimination against veterans already was prohibited pursuant to federal law, in October 2017, Connecticut law was amended to prohibit discrimination against any person honorably discharged, or released under honorable conditions,[1] in…

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Second Circuit Rules That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation

The Second Circuit Court of Appeals (the federal appellate court covering Connecticut, New York and Vermont), on Monday, February 26, 2018, issued a decision overturning its prior rulings and holding definitively that Title VII’s ban on “discrimination on the basis of sex” prohibits discrimination because of an employee’s sexual orientation. Connecticut state law has since…

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When Does Work Constitute “Training” For Purposes Of Determining Whether An Intern Is Really An Employee?

The U.S. Court of Appeals for the Second Circuit (which includes Connecticut) recently revisited the question of when an unpaid intern is actually an intern, as opposed to an employee. This time, the Court focused on whether the internship provided sufficient “training” to qualify as an internship even though the interns were often performing menial…

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Can You Fire The Needle-Phobic Pharmacist Who Refuses To Perform Immunizations?

As more and more pharmacies move into the role of providing immunizations, someone has to perform those immunizations.  Often, this duty falls to the pharmacist.  So, what happens when a pharmacist claims he cannot perform immunizations due to trypanophobia – the fear of needles?  According to the Second Circuit Court of Appeals (the federal appellate…

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