Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial. In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value
Litigators at Work
J-LAW: Providing insight on employment litigation issues and trends that affect how employers do business
Litigators at Work, published by Jackson Lewis P.C., focuses on employment law litigation and related workplace legal issues. The blog covers topics such as sexual harassment laws, whistleblower protections, discrimination claims including those based on gender identity, arbitration agreements enforcement, and compliance with evolving state and federal employment regulations. It also addresses practical employer concerns like workplace investigations, disability and leave management, wage and hour compliance, and employee rights under various statutes. The content is aimed at attorneys and HR professionals seeking updates and analysis on litigation trends, regulatory changes, and best practices in employment law.
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EEOC FY 2020 Annual Performance Report: Recoveries Up, But Fewer Lawsuits Filed
By Paul Patten
The Equal Employment Opportunity Commission’s (EEOC) Fiscal Year (FY) 2020 Annual Performance Report (APR) shows a substantial decrease in the number of lawsuits filed by the agency. However, the APR shows a dramatic increase in the amount of monetary recoveries…
Emotional Support Animals on the Witness Stand?
The Pennsylvania Supreme Court has agreed to hear an appeal on the issue of whether a witness may have an emotional support animal present while testifying at trial.
In Commonwealth v. Purnell, the Superior Court of Pennsylvania upheld a trial…
Sixth Circuit Strikes Down Contractually Shortened Limitations Period for Claims Under ADA, ADEA
The statute of limitation periods in the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) give rise to substantive, non-waivable rights rendering a contractually shortened limitation period unenforceable, the U.S. Court of Appeals for the…
President Biden Names Charlotte Burrows as EEOC Chair
By Paul Patten
One day after President Joe Biden’s inauguration, the Equal Employment Opportunity Commission (EEOC) announced that he has named current EEOC Commissioner Charlotte A. Burrows Chair of the EEOC and Commissioner Jocelyn Samuels Vice Chair of the EEOC.
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EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded from OWBPA Disclosures
For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs. In a January 14, 2021, formal opinion letter, the Equal Employment Opportunity…
EEOC Revises Guidance on Religious Discrimination in the Workplace
The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court opinions issued since the agency’s last significant update…
“The Impact of COVID-19 on Employment Claims and Litigation,” authored by Martin Aron in Claims Magazine, January/February 2021
Jackson Lewis’ Martin Aron has co-authored, “The Impact of COVID-19 on Employment Claims and Litigation,” published by Claims Magazine, Jan./Feb. 2021 issue. The article focuses on (1) the variety of pandemic-related claims and litigation that have emerged during the COVID-19…
Employee Incapable of Complying with Valid Safety Requirements is Not a “Qualified” Individual
An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not part of the “essential functions” of…
Employer Fitness for Duty Policy Survives Disability Discrimination Claim
A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed to prove that his employer…