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Court Excludes EEOC Determination Letter That Contained Factual Inaccuracies and Conclusions of Law.

Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial.  In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value was outweighed by its prejudice. No. 19-446-WBV-DPC (E.D. La. Dec. 11, 2020).  Nuccio highlights an...… Continue Reading
February 2, 2021

EEOC FY 2020 Annual Performance Report: Recoveries Up, But Fewer Lawsuits Filed

The Equal Employment Opportunity Commission’s (EEOC) Fiscal Year (FY) 2020 Annual Performance Report (APR) shows a substantial decrease in the number of lawsuits filed by the agency. However, the APR shows a dramatic increase in the amount of monetary recoveries by the EEOC in litigation compared to FY 2019. Click here to read the full article...… Continue Reading
January 28, 2021

Emotional Support Animals on the Witness Stand?

The Pennsylvania Supreme Court has agreed to hear an appeal on the issue of whether a witness may have an emotional support animal present while testifying at trial. In Commonwealth v. Purnell, the Superior Court of Pennsylvania upheld a trial court’s ruling that an autistic minor witness could have a comfort dog with her on...… Continue Reading
January 28, 2021

Sixth Circuit Strikes Down Contractually Shortened Limitations Period for Claims Under ADA, ADEA

The statute of limitation periods in the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) give rise to substantive, non-waivable rights rendering a contractually shortened limitation period unenforceable, the U.S. Court of Appeals for the Sixth Circuit has held. Thompson v. Fresh Products, LLC, No. 20-3060 (Jan. 15, 2021). Click here...… Continue Reading
January 24, 2021

President Biden Names Charlotte Burrows as EEOC Chair

One day after President Joe Biden’s inauguration, the Equal Employment Opportunity Commission (EEOC) announced that he has named current EEOC Commissioner Charlotte A. Burrows Chair of the EEOC and Commissioner Jocelyn Samuels Vice Chair of the EEOC. Click here to read the full article on the Jackson Lewis website.… Continue Reading
January 24, 2021

EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded from OWBPA Disclosures

For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs. In a January 14, 2021, formal opinion letter, the Equal Employment Opportunity Commission (EEOC) clarified that non-U.S. citizen employees working abroad may be excluded from OWBPA disclosures because such...… Continue Reading
January 24, 2021

EEOC Revises Guidance on Religious Discrimination in the Workplace

The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court opinions issued since the agency’s last significant update to its guidelines in 2008. Click here to read the rest of the article on the Jackson...… Continue Reading
January 22, 2021

“The Impact of COVID-19 on Employment Claims and Litigation,” authored by Martin Aron in Claims Magazine, January/February 2021

Jackson Lewis’ Martin Aron has co-authored, “The Impact of COVID-19 on Employment Claims and Litigation,” published by Claims Magazine, Jan./Feb. 2021 issue.  The article focuses on (1) the variety of pandemic-related claims and litigation that have emerged during the COVID-19 pandemic; (2) the role human resources professionals, in-house counsel, and insurance claims professionals can play in...… Continue Reading
January 22, 2021

Employee Incapable of Complying with Valid Safety Requirements is Not a “Qualified” Individual

An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not part of the “essential functions” of the employee’s position, the U.S. Court of Appeals for the Fourth Circuit has reaffirmed in...… Continue Reading
January 22, 2021

Employer Fitness for Duty Policy Survives Disability Discrimination Claim

A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed to prove that his employer (the railroad) violated the ADA when it required him to undergo a “fitness for duty”...… Continue Reading
January 21, 2021

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