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EEOC Releases ‘Return to Work’ and Employee COVID-19 Testing Guidance

Recently, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance questions and answers for employers dealing with the COVID-19 pandemic. The added questions elaborate on advice for disability accommodation requests and harassment and adds a section regarding employees returning to work after the pandemic. In the new “Return to Work” section, the EEOC included...… Continue Reading
May 5, 2020

Eleventh Circuit Overturns Summary Judgment in PDA Suit, Applying “Similar Ability to Do the Job” Standard Versus Similarly Situated Test

On April 17, 2020, the Eleventh Circuit overturned a district court decision granting summary judgment to an employer on a former employee’s pregnancy discrimination claim, applying  the Supreme Court’s decision in Young v. United Parcel Service, 575 U.S. 206 (2015), which held that a plaintiff must show that the employer accommodated non-pregnant employees “similar in...… Continue Reading
April 23, 2020

NLRB ALJ Reinforces Protection for Concerted Activity in Camp Counselor’s Termination

On March 25, 2020, a National Labor Relations Board Administrative Law Judge (“ALJ”) emphasized the broad reach of Section 7 of the National Labor Relations Act (“Act”) in non-union settings. Ground Zero Foundation d/b/a Academy for Creative Enrichment, Case 4-CA-245956. Charging Party was hired as a summer camp counselor, but was not paid for the...… Continue Reading
April 8, 2020

Federal Court: Sweeping Accusations Alone Do Not Meet The Standard For Age Discrimination and Retaliation

As the Equal Employment Opportunity Commission’s  FY 2019 report reflects 21.4% of all employment charges handled in 2019 were for age discrimination; 41.4% of all charges allege retaliation. Recently, seven former directors of a grocery store chain filed suit alleging age discrimination and retaliation arising from alleged transfer to failing stores and denial of the...… Continue Reading
March 16, 2020

A Quick Overview of New Jersey’s New WARN Act

New Jersey’s WARN Act (the Millville-Dallas Airmotive Plant Job Loss Notification Act) has been amended, effective July 19, 2020. N.J.S.A. § 34:21-1, et seq., to expand greatly its scope and requirements: Definitions: the terms below will change to expand the Act’s coverage of employers and their actions. Establishment- the Act no longer applies solely to...… Continue Reading
March 10, 2020

Federal Court Dismisses Discrimination and Retaliation Claims But Not Hostile Work Environment

On January 28, 2020, the Southern District of New York allowed a hostile work environment claim to proceed based upon allegations of racial slurs, demeaning comments, and relegation of Hispanic to the least favorable job assignments and shifts. Ramirez v. NYP Holdings, Inc. The Court permitted this claim to proceed despite dismissing other claims under...… Continue Reading
March 9, 2020

Refusal To Re-take Physical Abilities Test Dooms Plaintiff’s Ability To Allege Adverse Employment Action

The absence of an adverse employment action by an employer routinely is fatal to a claim of discrimination (absent proof of constructive discharge). This bedrock principle was reiterated recently in a case where an applicant alleged that she was forced to resign after failing a physical abilities test. Jane D. Dicocco v. William P. Barr...… Continue Reading
March 6, 2020

Second Circuit: Migraines Insufficient to Support a Disability Under the ADA

The Second Circuit recently held that an employer did not violate the Americans with Disabilities Act when it refused to transfer, and then terminated, an employee because of his inability to perform his job due to migraines caused by the stress of his job.  Woolf v. Strada. In this case, Plaintiff began to suffer migraines...… Continue Reading
February 19, 2020

Using Data from Wearable Devices in Litigation

Millions of people across the globe use some type of wearable device that constantly captures data including health information, fitness levels, location, and much more. These devices, such as Fitbit and the Apple Watch, are often referred to as “wearables.” Experts estimate that over 300 million wearables are in circulation and that the number of...… Continue Reading
February 18, 2020

Whistleblower Rights in Today’s Evolving Federal Statutory Landscape

All viable whistleblower cases arise from allegations of wrongdoing serious enough to run afoul of some statute or rule. Common issues in every whistleblowing case include: Who is subject to protection against retaliation as a whistleblower? What types of conduct or speech are entitled to protection as whistleblowing? What must a whistleblower do by way...… Continue Reading
February 14, 2020