Topic: Employment discrimination

A Word To The Wise: Castleberry v. STI Group And The Expansion Of Liability For Hostile Work Environments

In David Lynch’s film Dune, a character proclaims that the protagonist “can kill with a word.”  Although not quite as dramatic, the United States Court of Appeals for the Third Circuit recently held that an employer can violate federal civil rights statutes with a word.  Specifically, in Castleberry v. STI Group, the Third Circuit held…

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Making Sure Your At-Will Employees Remain At-Will

Almost every state, including Connecticut, recognizes the doctrine of employment-at-will, meaning that in the absence of a contractual provision to the contrary, the employer or the employee can terminate the employment relationship at any time, for any reason or for no reason. There are federal and state statutory exceptions to the employment-at-will doctrine, such as…

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When Can An Employee Quit and Sue?

You might think that before filing a lawsuit for wrongful discharge, an employee would have to actually be discharged, but that is not necessarily so. Employment law includes a principle known as “constructive discharge,”  in which an employee can resign but claim that he was forced to quit by the improper actions of the employer,…

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Another Form of Workplace Harassment

Harassment is a form of workplace discrimination.   The most well-known is sexual harassment, which can consist of unwelcome sexual advances or requests for sexual favors, but also includes conduct of a sexual nature which interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment.  Sexual harassment is prohibited in discrimination…

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New York Employers, Beware of What You Ask Your Applicants and Employees: New York City’s Salary History Inquiry Ban

Because many of our clients are located in New York or have employees in New York, this blog post is the first of several posts on updates to New York, and New York City employment laws and regulations. More will follow in the coming weeks. On May 4, 2017, Mayor de Blasio signed into law…

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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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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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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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The Same Actor Defense Requires the Same Stage

Employment defense lawyers are fond of the “same actor” defense to discrimination claims because it combines legal theory and common sense. The same actor inference can be used in cases based on claims of discrimination on account of characteristics such as race, gender or ethnicity, where the same supervisor both hired and fired the plaintiff.…

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