Topic: Discrimination

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because  juries typically will only believe employers if they “put it in writing.”  Conversely, when it comes down to the employer’s word against the employee’s word, an employer without…

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The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting The Workplace

The 2017 Regular Session of the Connecticut General Assembly concluded on June 7, 2017 without passing a budget. As such, the General Assembly will eventually have to convene a “special session”.  In the meantime, our legislature did pass several bills that will affect the workplace in Connecticut.  Among other things, the legislature enacted bills that…

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Takeaways For Employers From The Uber, Fox News and Trump Sexual Harassment Scandals

Last week, Uber announced the firing of at least 20 employees, resulting from an investigation of 215 harassment complaints at the company. Then, on June 13, its chief executive, Travis Kalanick, announced he would be taking a leave of absence.  Not long ago, Fox News fired its now-deceased CEO, Roger Ailes, after he and other…

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The Law Governing Unpaid Interns, Part II: Rights Under Federal and State Nondiscrimination Laws

This is the second of two blogs covering the law governing unpaid interns and volunteers. Our first blog reviewed the basic criteria for determining whether a worker can properly be considered an unpaid intern or volunteer. This blog focuses on the rights of these uncompensated workers under federal and state nondiscrimination laws. Federal Law For…

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It’s Almost Summer! Time to Review the Law Governing Interns, Part I

It’s that time of year again when employers who take on interns and volunteers for the summer are reminded that they must comply with federal and state wage and hour laws (see our own blogs on this subject here and here). There have been a few new developments in the law governing unpaid workers over…

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Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to work each day accompanied an animal. The ADA and the FEPA have two main components for persons with disabilities: protections for employees…

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The Connecticut Supreme Court Aces Another ABC Test

This is the latest in a series of blog posts on the so-called “ABC Test,” which is used in Connecticut to determine whether a worker is an employee or an independent contractor for purposes of eligibility for unemployment compensation benefits. Last year the Connecticut Supreme Court issued a decision with an employer-friendly interpretation of the…

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Supervisor’s Personal Liability for Harassment

A recent case filed in the Waterbury superior court, Denault v. Community Mental Health Affiliates, et al, alleging an unfortunately familiar pattern of sexual harassment in violation of the Connecticut Fair Employment Practices Act, named both the company and the harassing supervisor as defendants, and alleged that the individual supervisor had personal liability for his…

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What Is the Extent of an Employer’s Liability For the Acts of an Employee?

An employer can be liable for injury done by an employee to a third party under the doctrine known as vicarious liability. Vicarious liability can arise when the employee’s activity that caused the injury was done 1) on the express orders or directions of the employer, 2) carrying out the employer’s business within the scope…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken

We earlier had written about the proposed bills that the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee at its February 21, 2017 and March 2, 2017 meetings. On March 9th, the Committee acted just ahead of its March 14, 2017 deadline and approved the following bills: LEAVES…

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Gender Identity Bathroom Access – From Schools To The Workplace

As readers of our Education Law Notes blog are well aware, there has been a lot of focus on the rights of transgender students with respect to bathroom access in educational institutions under Title IX. The rights of transgender employees to utilize the bathroom matching their gender identity under Title VII, however, has received far…

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Workers Comp Continues To Be Exclusive Remedy for Workplace Injuries

Workers compensation laws are among the oldest protective labor statutes, dating back to the early 1900’s. Workers compensation embodies a simple tradeoff: employees may not bring personal injury lawsuits against their employers for workplace injuries, but in return there is mandatory insurance so that claims can be processed quickly with funds available for payment, and…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed bills that the Labor and Public Employees Committee voted favorably on and advanced out of committee at those meetings:…

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EEOC: Harassment Continues to be a Serious Problem in the Workplace

Unlawful harassment is alive and well in the workplace. According to a report issued last year by a Select Task Force of the Equal Employment Opportunity Commission (“EEOC”) on the Study of Harassment in the Workplace (the “Task Force Report”), almost one third of all charges received by the EEOC in 2015 included an allegation…

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Latest Developments from the Connecticut General Assembly: February 16th Public Hearing (Wage/Hour and Leave)

On Thursday, February 16, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills, many of which concern “wage and hour” and leave issues (and some of which were considered last year): S.B. No. 13 AN ACT CONCERNING THE MINIMUM FAIR WAGE.  This proposed bill would…

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