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Take-Home Exposure for COVID-19 Fails in California District Court

  As COVID-19-related litigation increases, courts are being called upon to interpret the scope of employers’ duties to protect their employees with relation to the virus.  On May 10, 2021, a California federal judge dismissed an amended complaint brought by a spouse attempting to hold her husband’s employer liable for her COVID-19 infection.  The judge...… Continue Reading
May 20, 2021

Amendment to Florida Rules Increases Likelihood of Summary Judgment in State Court

The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574...… Continue Reading
May 6, 2021

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was disabled.  More specifically, the court concluded that the applicant’s “subjective belief” that he suffered from “chronic back pain” was insufficient...… Continue Reading
May 5, 2021

Connecticut High Court to Decide If Women-Only Workout Area Violates State Anti-Discrimination Law

  On May 7, 2021, the Connecticut Supreme Court will hear oral argument in the case of Commission on Human Rights & Opportunities (CHRO) v. Edge Fitness, LLC, et al., SC 20538 (Conn.).  The case presents an issue of first impression and arises out of the State of Connecticut’s claim that a separate women-only workout...… Continue Reading
April 22, 2021

2,000 COVID-19-Related Employment Lawsuits Filed in the U.S.: An Analysis of the Data and Trends

On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark.  Although it took eight months to reach the first 1,000 complaints (March–November 2020), it took less than five months to go from 1,000 to 2,000. Indeed, December 2020 through March 2021 included the four busiest...… Continue Reading
April 9, 2021

Federal Disability Discrimination Law Does Not Require Websites Be Accessible, Appeals Court Holds

A website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA). Gil v. Winn-Dixie Stores, Inc., No. 17-13467 (11th Cir. Apr. 7,...… Continue Reading
April 9, 2021

FAA Preempts New Jersey’s Implied Restriction on Use of Arbitration Agreements, Court Finds

To the extent that it attempted to limit the prospective waiver of procedural rights in favor of arbitration or other alternative dispute resolution, the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) is preempted by the Federal Arbitration Act (FAA), a New Jersey federal court has ruled in an unpublished opinion. New Jersey Civil...… Continue Reading
April 6, 2021

Out-of-State Employer Must Comply with Montana Wrongful Discharge Act, Montana Court Rules

Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific issues for employers to consider if they have employees who work in Montana, even if those employees live in, or are based out of, another...… Continue Reading
April 6, 2021

How Little May an Employee Allege for Retaliation Protection?

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification. The Texas Supreme Court, in Apache Corp. v. Davis, has been asked to evaluate a lower court ruling on the subject.  The lower court...… Continue Reading
March 29, 2021

Ohio’s Employment Law Uniformity Act: New Prerequisites and Defenses for Discrimination Claims

Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA).  Jackson Lewis’ in-depth webinar regarding the ELUA is available here. The ELUA updates the state’s antidiscrimination statute (Ohio Revised Code § 4112), which has been in effect since 2001....… Continue Reading
March 26, 2021

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