Topic: Equal Employment Opportunity Commission

DEMOTION AS REASONABLE ACCOMMODATION AND RESPONDING TO HOSTILE-WORK-ENVIRONMENT CLAIMS UNDER THE ADA IN FORD V. MARION COUNTY SHERIFF’S OFFICE

In the recently decided case of Ford v. Marion County Sheriff’s Office, the United States Court of Appeals for the Seventh Circuit extensively discussed important elements of claims brought pursuant to the Americans with Disabilities Act, or “ADA.”  More specifically, it formally recognized that claims of disability-based workplace harassment are actionable under the ADA, it…

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Active Users of Illegal Drugs May Qualify for Disability Discrimination Protection Under Connecticut Law

The Connecticut Fair Employment Practices Act (CFEPA”) protects employees from discrimination on the basis of a present or past history of mental disability. Conn. Gen. Stat. 46a-60(a)(1).  “Mental disability”  is defined in the statute with  precision as referring to a person who has a record of or is regarded as having a mental disorder described…

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TIME IS NOT ON YOUR SIDE: SEVERSON V. HEARTLAND WOODCRAFT, INC. AND THE LIMITS OF REASONABLE ACCOMMODATIONS UNDER THE ADA

Although less rare than the recent solar eclipse, common-sense results can be elusive when dealing with workplace discrimination lawsuits. The United States Court of Appeals for the Seventh Circuit, however, recently delivered such a decision in the case of Severson v. Heartland Woodcraft, Inc., in which the appellate court affirmed the trial court’s finding that…

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ATTORNEY GENERAL SESSIONS AND JUSTICE DEPARTMENT CHANGE COURSE ON RECOGNIZING TRANSGENDER WORKER RIGHTS UNDER TITLE VII

United States Attorney General Jeff Sessions has advised United States Attorneys across the country as well as federal agency heads that the Justice Department is reversing its prior position that Title VII of the Civil Rights Act of 1964 – which prohibits gender discrimination in the workplace — protects transgender workers from discrimination. In 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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Connecticut’s Ban-the-Box Legislation Becomes Law: Have You Revised Your Company’s Job Application?

On June 1, 2016, Connecticut Governor Dannel Malloy signed into law Public Act No. 16-83, entitled “An Act Concerning Fair Chance Employment” (the “Act”). The lynchpin of the Act is that it prohibits an employer from inquiring about a prospective employee’s prior arrest, criminal charges or convictions on an initial employment application unless (1) the…

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

The General Assembly’s Labor and Public Employees Committee was active before its March 17, 2016 deadline for approving bills, voting favorably and advancing many bills out of committee. Consistent with the Governor’s numerous “second chance” initiatives, the Committee approved a bill that would prevent certain employers from a) requiring job applicants to disclose their criminal…

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