This past year has been filled with disturbing reports of alleged sexual assault and sexual harassment by prominent figures in business, politics, and even the judiciary. Not surprisingly, the number of EEOC sexual harassment filings has increased. In data published
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 7
Human Resources Employee Permitted to Pursue Discharge Claim
Rather than conduct in breach of an inherent duty of loyalty to the employer, the Eleventh Circuit Court of Appeals has ruled that a human resources representative engaged in protected activity under Title VII of the Civil Rights Act of…
Sixth Circuit Rules on Sexual Misconduct Case
The Sixth Circuit recently held, in Doe v. Baum, that a public university violated the Due Process Clause and Title IX when it did not allow a student accused of sexual misconduct to conduct a cross-examination of the claimant during…
California Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts Vetoed
California’s Governor vetoed a bill that would have imposed restrictions on the use of arbitration agreements for certain employment claims. For a complete summary, see our firm’s blog post by clicking here.
“Regarded As” Disability Claim Does Not Require Proof of an Employer’s Subjective Belief
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…
New Sexual Harassment Law Taking Effect in Maryland
Effective October 1, 2018, a new Maryland law will prohibit waivers related to an employee’s future sexual harassment claims and future retaliation claims for making a sexual harassment claim. For a more complete analysis, please click here.
Improving Someone Else’s Health (by Organ Donation) Qualifies an Employee for FMLA Leave
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…
New York City: Today is the Day to Post and Distribute Fact Sheet on Sexual Harassment
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…
Inconsistent Explanations for Adverse Action Lead to Denial of Summary Judgment
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…
Seventh Circuit Affirms Grocery Store Employee’s Same-Sex Harassment Title VII Victory
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…