The Seventh Circuit Court of Appeals recently upheld dismissal of failure to accommodate and disability discrimination claims where, for several years, the employer provided accommodations relating to plaintiff’s mental health (including directing co-workers not to startle plaintiff). Scheidler v. State
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 6
New York State Commissioner of Labor Testifies On Combatting Sexual Harassment in the Workplace
As if the current legal environment for employers and their insurance carriers was not sufficiently challenging, state legislatures are considering bills, inter alia, to expand the definition of a hostile work environment, to expand coverage of anti-discrimination and harassment laws…
Court Confirms Employer Can Be Liable For Harassment By Non-Employee
Faced with a question not yet addressed by the Third Circuit, a federal judge in Pennsylvania found an employer, as well as individual managers, may be held liable for an employee’s claim of a hostile work environment based on conduct…
Recently Enacted New Jersey Law Calls Non-Disclosure Agreements Into Question
An amendment to the New Jersey Law Against Discrimination to prohibit enforcement of non-disclosure provisions in certain agreements, including employment contracts and settlement agreements, has been passed by the New Jersey Legislature. For complete details, see the article by our…
Federal District Court: Location of Employment Governs Applicable Law
By Diane Krebs
Where an employee works outside the jurisdiction where the decision-maker is located, which location’s law applies? A recent decision by a New York federal court in Amaya v. Ballyshear LLC confirms that a key factor is the location of the…
Court Grants Summary Judgment Where Decision-Maker Was Unaware of Plaintiff’s Medical History
Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is intended to protect deficient…
Employer’s Misleading Statements Allow FMLA Claim to Survive Motion to Dismiss
The U.S. District Court in Wisconsin recently held in Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, that misleading statements by an employer regarding the Family and Medical Leave Act (“FMLA”) can give rise to an FMLA…
Pre-Employment Examinations Without Disparate Impact May Still Serve As Basis For Disparate Treatment Claims
In EEOC v. Upstate Niagara Coop., Inc., the U.S. District Court for the Western District of New York denied Defendant’s motion to dismiss finding that the EEOC stated claims for discrimination based on sex in violation of Title VII.
The…
Another Circuit Prompts the Supreme Court to Resolve Title VII Sexual Orientation Claims
As the Circuits become further divided on issues of civil rights, the scope of legally protected characteristics under Title VII become harder to predict. After a recent loss in the 11th Circuit, a claimant petitioned the Supreme Court to review…
Guidance Issued on New York City Mandatory Sexual Harassment Training
The New York City Commission on Human Rights has released Frequently Asked Questions (FAQs) as guidance on the “Stop Sexual Harassment in NYC Act.” New York City employers with at least 15 employees are required to conduct annual anti-sexual harassment…