LitigationBlog Posts
New York’s Highest Court Finds College Abused Its Discretion By Failing To Grant Adjournment of Administrative HearingIn 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 accused of multiple violations of the College’s code of conduct, including sexual assault. At the...… Continue ReadingAugust 26, 2019 |
Manager’s Observation of Harassment Places Liability on EmployerUnder generally accepted Title VII principles, an employer can be held liable when a co-worker harasses a co-worker if a supervisor is aware of the harassment, but fails to take prompt corrective action. This principle was reiterated in EEOC v. Driven Fence, Inc., where an African American Plaintiff quit his job after being subjected to...… Continue ReadingAugust 22, 2019 |
Seventh Circuit Weighs in on Obesity as a Disability under the ADAIn an issue of first impression in the Seventh Circuit, the Court of Appeals upheld summary judgment in favor of the employer dismissing the Plaintiff’s claim that obesity qualified as a disability under the Americans with Disabilities Act (“ADA”). Richardson v. Chicago Transit Authority. Plaintiff, a former Chicago Transit Authority (“CTA”) bus operator, alleged that...… Continue ReadingAugust 20, 2019 |
EEOC Subpoena of Pattern-Or-Practice Information Based On Individual Charges UpheldContrary to the U.S. Supreme Court’s restriction of class actions in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), courts have granted the Equal Employment Opportunity Commission (“EEOC”) broad power to issue nationwide pattern-or-practice subpoenas even though only individual charges were filed against the employer. For example, eleven current and former employees, working among...… Continue ReadingAugust 5, 2019 |
New York State Broadens Its Pay Equity LawOn July 10, 2019, the Governor of New York State signed into law a bill extending New York’s pay equity protections to pay differentials based not only on gender, but also those caused by discrimination on the basis of age, race, sexual orientation, disability, and domestic violence victim status. The bill lowers the burden of...… Continue ReadingJuly 11, 2019 |
Federal Court: Federal Arbitration Act Preempts New York Law Banning Arbitration of Sexual Harassment ClaimsAccording to the Southern District of New York, the Federal Arbitration Act preempts the recently enacted New York State law that bars arbitration agreements of sexual harassment cases. To read a complete analysis of one of the first decisions to rule on this issue, click here.… Continue ReadingJuly 3, 2019 |
New York State Further Expands Anti-Discrimination LawsIn addition to the laws expanding sexual harassment liability, the New York State Legislature also passed last week three laws that will bar employers from inquiring about applicants’ salary history, prohibit wage differentials based on protected class status, and ban race discrimination based on hairstyle. For a complete review, see our article by clicking here.… Continue ReadingJune 26, 2019 |
Significant Expansion of Harassment Laws in New York StateEmployers in New York State will soon be faced with greater potential liability for sexual harassment under legislation passed last week. The same law contains a variety of other changes governing workplace harassment. For a complete summary see our article by clicking here.… Continue ReadingJune 25, 2019 |
Washington Supreme Court Confirms Higher Standard for Harassment at a “Place of Public Accommodation”Under the Washington State Law Against Discrimination (“WLAD”), the statute prohibits “places of public accommodation” discriminating against individuals on the basis of sex, race, national origin, and sexual orientation. RCW 49.60.215. “Places of public accommodation” is broadly defined and includes all facilities or businesses used by or open to the public. Sexual harassment is a...… Continue ReadingJune 25, 2019 |
New Jersey Hotels Must Provide “Panic Buttons”New Jersey Governor Murphy signed Bill S-2986 into law on June 11, 2019 mandating that “larger” hotels protect workers from sexual violence, assault, and other acts of harassment and violence that can occur on hotel premises by co-workers and/or guests. A copy of the law can be seen by clicking here. The law notes that...… Continue ReadingJune 17, 2019 |