An Ohio appellate court reversed enforcement of an employment arbitration agreement, holding that the agreement was both substantively and procedurally unconscionable because it required the parties to submit to arbitration all claims arising among them, even those unrelated to the
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Employee’s Electronic Acknowledgement of Arbitration Agreement Sufficient
Although the Federal Arbitration Act (“FAA”) places arbitration agreements on the same footing as any other contract and generally precludes state laws banning mandatory arbitration, employers must ensure that their arbitration agreement are enforceable contracts – an issue governed by…
The ADA Does Not Cover the Possibility of Future Disabilities
The Seventh Circuit Court of Appeals recently ruled that the American with Disabilities Act (“ADA”) does not protect an applicant who later may become impaired. In this instance, a worker applied for a position that would have required him to…
The Supreme Court Asks DOJ for Input on the Scope of Title VII
Recently, the United States Supreme Court invited the U.S. Solicitor General of the Department of Justice to weigh in on a petition to revive the discrimination case of Peterson v. Linear Controls Inc. David Peterson, a former Linear Controls electrician,…
Cincinnati and Boston to Ban Discrimination Against Natural Hair
In February 2019, the New York City Commission on Human Rights amended the New York City Human Rights Law to ban discrimination against natural hairstyles as part of the Law’s prohibition against race or color discrimination. This past July, California…
Job Descriptions Must Accurately Reflect True Job Duties
A recent case from a federal court highlights the importance of accurate job descriptions. In Wiggins v. City of Montgomery, Plaintiff applied for a promotion to the position of Revenue Examiner on three occasions over an eight-year period, most recently…
Second Circuit Issues Another Arbitration-Friendly Decision
By Diane Krebs
On September 19, 2019, the Second Circuit issued a key pro-arbitration decision, which also decided issues of first impression about the Dodd-Frank Act (“DFA”) and the Sarbanes-Oxley Act (“SOX”). Daly v. Citigroup Inc. et al.
Plaintiff brought claims for gender…
Illinois Expands State Human Rights Act to Include Employers with One or More Employees
Like other States (including New York) and many cities, Illinois has expanded the reach of its anti-discrimination statute to bring smaller employers within coverage of the Human Rights Act. Even though such small employers may lack the in-house expertise to…
Fired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University
The obligations of educational institutions were elevated even higher in a recent ruling by the Second Circuit Court of Appeals, which held “When universities design and implement polices to ensure the security of their students, they facilitate their sacred mission…
New York’s Highest Court Finds College Abused Its Discretion By Failing To Grant Adjournment of Administrative Hearing
In a recent ruling, New York’s highest court recognized the right to counsel when a student is accused of serious misconduct. Matter of Bursch v. Purchase Coll. of the State Univ. of N.Y. In this instance, a college student was…