The general rule is that a federal discrimination claim should be dismissed unless a timely charge was filed with the Equal Employment Opportunity Commission (EEOC). Whether that statutory requirement was jurisdictional (and could not be waived) or procedural (and must
The EPL Advisor
The EPL Advisor, published by Jackson Lewis P.C., focuses on employment practices liability and workplace law issues. It covers topics such as discrimination claims, accommodation requirements under the ADA, wage and hour compliance, workplace safety, and evolving legal standards related to COVID-19. The blog also addresses regulatory updates from agencies like the EEOC, litigation trends, and practical guidance for employers on managing employee relations, compliance with labor laws, and handling workplace investigations. It provides insights into multi-state and industry-specific employment law challenges, including leave management, religious accommodations, and privacy concerns in the workplace.
Latest from The EPL Advisor - Page 5
Second Circuit: Application of Neutral Policy Does Not Interfere with FMLA Rights
As recently reaffirmed by the U.S. Court of Appeals for the Second Circuit, neutral application of a policy to prorate incentive compensation contributions during leaves of absence does not unlawfully interfere with an employee’s rights under the Family and Medical…
2019 EPLI Trends Report Published
Workplace law changes constantly. Employers and EPL carriers need to keep up with expanding risks, changing legal obligations, reason-defying jury verdicts, the #MeToo movement, and a record number of threatened and asserted claims associated with these changes. Our 2019 EPLI …
Hospital Privileges Do Not Confer Employment Status For Purposes of Title VII Liability, Seventh Circuit Holds
Having the power to grant, deny, or revoke hospital privileges does not give rise to liability under Title VII of the Civil Rights Act of 1964, according to a recent decision by the Court of Appeals for the Seventh Circuit. Yelena…
Older Employee Let Go in Reduction in Force Can Proceed to Trial on ADEA Claim
An employer’s retention of a younger, less-qualified employee instead of the older, more experienced employee, who was terminated during the Company’s reduction in force, can give rise to liability under the Age Discrimination in Employment Act (“ADEA”), according to a…
Employee’s Receipt of Social Security Benefits May Prevent a Subsequent Claim for Disability Discrimination under the ADA
An employee who applies for and receives Social Security disability benefits may be judicially estopped from bringing a disability discrimination claim under the Americans with Disabilities Act (the “ADA”) according to a recent Louisiana District Court case. Tanner v. BD…
Workplace Gossip May Lead to Title VII Liability, Fourth Circuit Holds
An employer’s failure to stop a false rumor that a female employee slept with her male boss in order to obtain a promotion can give rise to liability under Title VII of the Civil Rights Act of 1964, according to…
New Jersey: Non-Disclosure Provisions Prohibited in Settlement Agreements and Other Contracts
In what could be the next wave of legislation, New Jersey has amended the State’s Law Against Discrimination to bar enforcement of non-disclosure provisions in settlement agreements and employment contracts. For a complete discussion of the new law, effective March…
Court of Appeals Rules Landlords Can Be Liable for Tenants’ Discriminatory Conduct
Just when landlords and their insurers thought that their obligations couldn’t get broader, the Second Circuit Court of Appeals ruled the federal Fair Housing Act’s anti-discrimination requirement extends to every part of the housing relationship, including discrimination by another tenant…
Federal Judge Reinstates Use of Revised EEO-1 Form, Effective Immediately
A U.S. District Court has immediately restored the prior directives of the Equal Employment Opportunity Commission and Office of Management and Budget requiring use of a revised EEO-1 form where employers with at least 100 employees have to report detailed…