EPL Risk Mitigation Blog

Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is substantially limited in a major life activity regardless of whether he or she actually is disabled.  Prior to the ADAAA, to prove a “regarded as” claim, a plaintiff in the Ninth Circuit was required to put forth evidence…
The United States Department of Labor (“DOL”) has just issued an Opinion Letter concluding that organ-donation surgery can qualify as a “serious health condition” under the FMLA.  Specifically, the Opinion Letter affirmatively answered whether an employee may use FMLA leave for post-operative treatment where the employee donates an organ, even when the donor is in good health before the donation and chooses to donate the organ solely to improve someone else’s health. The Opinion Letter…
Beginning September 6, 2018, all New York City employers must distribute and conspicuously post the New York City Commission on Human Rights fact sheet on the “Stop Sexual Harassment in NYC Act” to all new hires.  For further detail, see our related article by clicking here, where you can find links to the fact sheet and notice.…
A federal district court in Pennsylvania denied the Pittston Area School District’s motion for summary judgment, finding Plaintiff offered sufficient evidence to show the District’s stated reasons for denying Plaintiff a promotional opportunity were pretextual.  Kupetz v. Pittston Area School District.  Specifically, Plaintiff claimed that the District posted one position, then during a Board meeting changed the title, salary, duties, and reporting structure, and hired a less-qualified younger woman, in effect, preventing him from applying…
A male employee working in the meat department of his local grocery store prevailed in his Title VII sex discrimination claim alleging an unlawful hostile environment harassment created by his male coworkers and male supervisor. Following a verdict in plaintiff’s favor at the trial court level, the employer appealed to the U.S. Court of Appeals for the Seventh Circuit.  Smith v. Rosebud Farm, Inc. The appellate court upheld the lower court’s ruling.  According to the…
The Sixth Circuit recently allowed an Equal Pay Act and Title VII pregnancy discrimination suit to proceed despite the fact that plaintiff signed an agreement releasing all claims and, did not turn back the severance payment given in consideration for the release. In McClellan v. Midwest Machining, Inc., the Court relied upon the United States Supreme Court’s analogous decisions in Hogue v. Southern R.R. Co. and Oubre v. Entergy Operations, Inc. to hold that a…
In an effort to prevent sexual harassment in the workplace, New York State and New York City have enacted laws mandating educational sessions to reinforce what is (and what is not) appropriate workplace conduct.  Joining, California, Connecticut, and Maine, mandatory training will now be required in New York City and New York State.  To help guide employers, NYC has published a fact sheet—you can access from this link.  We are still awaiting guidance from…
The United States District Court for the District of Columbia recently denied a Hospital’s motion to dismiss a Family and Medical Leave Act (“FMLA”) retaliation claim by a senior officer because of the close time proximity between a protest of alleged discriminatory treatment of a co-worker and the protester’s own discharge.  Lott v. Not-For-Profit Hospital Corporation.  The Court held that plaintiff’s meeting with the Hospital’s CEO to discuss his belief that the co-worker’s termination  violated…