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AVP’s Alleged Remarks Send Dispute to Jury in EEOC Case

A U.S. District Court in Maryland recently denied an employer’s motion for summary judgment allowing the EEOC to pursue its allegation that an employer engaged in discriminatory practices regarding a promotion.  EEOC v. Dimensions Healthcare Sys., No. 15-2342 (D. Md. Sept. 2, 2016).    The employer’s Associate Vice President (“AVP”) is alleged to have advised … Continue Reading
September 23, 2016

New Jersey Bill Seeks to Bar Pre-Hire Inquiries into Candidate Compensation History

The New Jersey State Assembly is considering a bill (A-4119) that would amend the New Jersey Law Against Discrimination (“LAD”) to prohibit an employer from seeking compensation information on a candidate. If passed, the legislation will affect the hiring process in New Jersey, including requiring changes to application materials, interview questions, and negotiations over compensation.    … Continue Reading
September 21, 2016

Bus Mechanic Who Uses Adderall for ADHD Can Proceed with Disability Discrimination Claims

We thought you may be interested in this article on the Jackson Lewis Drug and Alcohol Testing Law Advisor.… Continue Reading
September 15, 2016

Federal Court Upholds Discharge of Transgender Employee

Addressing an unsettled evolving area of law, the U.S. District Court for the Eastern District of Michigan ruled, on August 18th , that a Michigan funeral home did not violate Title VII of the Civil Rights Act of 1964 by requiring a transgender male employee to wear a man’s suit to work.  EEOC v. R.G. … Continue Reading
September 13, 2016

Dismissal of Claims of Unlawful Discharge for Using FMLA Leave Highlight Importance of Accurate Record Keeping And Consistent Explanations For Employee Terminations

Too often weak claims of employment discrimination gain strength when employers fail to properly document and support with documentation the legitimate, non-discriminatory reasons for an employee’s termination.  While the burden of proof never leaves the claimant, and there is no explicit legal obligation to document the basis for personnel decisions, jurors may develop a negative … Continue Reading
September 9, 2016

NLRB Includes Search-For-Work and Interim Employment Expenses as Direct Part of Make Whole Remedy Awards

Under the National Labor Relations Act (NLRA), the remedies available to a successful claimant have been limited to “make whole relief.”  Like Title VII before the Civil rights Act of 1991, relief under the NLRA typically was limited to lost wages, benefits, other economic losses, and reinstatement.  The underlying policy behind such “make whole relief” … Continue Reading
September 6, 2016