Tag Archives: Discrimination

Ahead of 2020 Election, New York City Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

Photo of Amanda Van Hoose GarofaloPhoto of Marc-Joseph GansahBy Amanda Van Hoose Garofalo and Marc-Joseph Gansah on Posted in Discrimination, Immigration, New York
Immigration has been at the forefront of news reports and court cases recently, and has already proven to be a hot button issue for the 2020 election candidates to debate. As we move closer to the election, such political conversation may find its way into the office. If it does, employers should ensure that they … Continue Reading

California Supreme Court reopens the door for SLAPPing retaliation and discrimination claims

Photo of Joseph S. PersoffBy Joseph S. Persoff on Posted in Discrimination
The California Supreme Court has ruled that a former employee’s retaliation or discrimination claim can be dismissed at the initial stages of litigation via California’s anti-SLAPP statute. In Wilson v. CNN, decided July 22, 2019, the court overturned decisions of several courts of appeal that held otherwise and returned a strong tool to employers in … Continue Reading

Recent Developments in Transgender Issues

Photo of Amanda Van Hoose GarofaloBy Amanda Van Hoose Garofalo on Posted in Discrimination
UPDATE: Transgender Individuals Have Right to Choose Their Gender Appropriate Bathroom On May 30, 2017, in Ashton Whitaker v. Kenosha Unified School District et al., the Seventh Circuit upheld a preliminary injunction requiring a Wisconsin school district to permit a trans male individual to use the men’s restroom. In so doing, the Seventh Circuit ruled … Continue Reading

EEOC Issues New Enforcement Guidance On National Origin Discrimination

Photo of Fanny FerdmanPhoto of Amanda Van Hoose GarofaloBy Fanny Ferdman and Amanda Van Hoose Garofalo on Posted in Discrimination, EEOC
On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may speculate whether this has anything to do with increased ethnic tensions in the wake of the presidential campaign and election results. Some also recognize that in … Continue Reading

Drawing the Line on Leave Policies for Employees With Disabilities

Photo of Anat MaytalBy Anat Maytal on Posted in EEOC
Within the past three months, the U.S. Equal Employment Opportunity Commission (EEOC) has secured nearly $9 million from companies that have committed violations of the Americans with Disabilities Act (ADA) by discriminating against and firing employees with disabilities who requested medical leave or exhausted their allotted medical leave to address those disabilities. For example, on … Continue Reading

Second Circuit Defines Test for Individual Liability Under the FMLA

Photo of Julie KwunBy Julie Kwun on Posted in FMLA
In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the employer and individual defendant on the question of individual liability based on a human resource professional’s exercise of … Continue Reading

“Spacious Accommodations”: Supreme Court Breaks New Ground in Pregnancy Discrimination Case

By Salomon Laguerre on Posted in Discrimination
On March 25, 2015, the U.S. Supreme Court, in a 6-3 decision, revived a pregnancy discrimination lawsuit brought by Peggy Young against United Parcel Service (“UPS”). The decision vacated the Fourth Circuit Court of Appeals’ ruling that Young could not make a case for discrimination under the Pregnancy Discrimination Act (“PDA”) and sent the case … Continue Reading

Employees can have their transfer and sue you too!

By Melissa Siebert and Mark Norris on Posted in Discrimination
A recent court decision allows employees who request a lateral transfer to later change their minds and sue for discrimination based on the very transfer they sought. So an employer’s claim that it merely gave the employee what he or she asked for is no defense. In Deleon v. Kalamazoo Cnty. Rd. Comm’n, the Sixth … Continue Reading
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