The perils of smoking and obesity have long been the topic of conversation in doctors’ offices and between nagging family members. However, employers are jumping on the bandwagon by imposing higher health insurance premiums on employees who maintain unhealthy lifestyles. CVS has recently gained significant attention after it was alleged that employees were charged a [...]
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Blog Archives
Age Discrimination Claims under the Equal Protection Clause? The Supreme Court Will Decide
March 27, 2013
The Supreme Court recently granted certiorari to consider the question of “[w]hether the Seventh Circuit erred in holding, in an acknowledged departure from the rule in at least four other circuits, that state and local government employees may avoid the Federal Age Discrimination in Employment Act’s comprehensive remedial regime by bringing age discrimination claims directly [...]
New York City Passes Legislation Prohibiting Employers from Discriminating Against the Unemployed
March 18, 2013
Effective June 11, 2013, employers in New York City will be prohibited from basing an employment decision with regard to hiring, compensation or the terms and conditions of employment on the fact that an applicant is unemployed, unless there is a “substantially job-related reason for doing so.” On March 13, 2013, the City Council overrode [...]
Second Circuit Adopts EEOC’s Rule on Harassment by a Nonemployee
March 13, 2013
In a recent opinion, the Second Circuit adopted the Equal Employment Opportunity Commission’s (“EEOC”) rule imputing employer liability when a worker reports harassment by a nonemployee. The case, Summa v. Hofstra Univ., 2013 U.S. App. LEXIS 3677 (2d Cir. N.Y. Feb. 21, 2013), marks the first time that the Second Circuit has endorsed the EEOC’s [...]
Unemployment: New Basis for Discrimination under Proposed Law
February 27, 2013
The New York City Council has recently taken steps to expand anti-discrimination laws by prohibiting employers from discriminating against job applicants on the basis of their employment status. If enacted, Bill 814-A would provide recourse for jobless individuals who believe they have suffered an adverse decision as a result of their unemployment. Although other jurisdictions, [...]
Taken Out of Context: The Danger in Employee Emails
February 8, 2013
Imagine walking past a conversation between your supervisor and another manager in which you hear the supervisor say “it’s really terrible” and the manager replies “yeah, we really need to cut back, but it’s going to be tough.” Immediately, your mind begins racing as you envision the wave of layoffs that are inevitably going to [...]
Are Courts Reluctant to Grant Summary Judgment in Hostile Work Environment Cases?
February 4, 2013
Rivera v. Rochester Genesee Reg’l Transp. Auth., 2012 U.S. App. LEXIS 26211 (2d Cir. N.Y. Dec. 21, 2012). The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile work environment claims that present ambiguities as to the sufficiency of plaintiff’s case. In Rivera v. Rochester Genesee Reg’l Transp. Auth., 2012 U.S. App. [...]
Supreme Court Decides Kloeckner v. Solis
January 24, 2013
Kloeckner v. Solis, 133 S. Ct. 596 (U.S. 2012). On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute listed in §7702(a)(1) should seek judicial review in district court, not in [...]
Federal Court Finds That Veganism May Constitute a Religious Belief
January 22, 2013
The flu season has started out strong this year, already reaching epidemic proportions. A public health emergency has been declared in Boston as flu cases skyrocket to levels 10 times higher than the 2011-2012 season. A mere cough or sneeze from a co-worker now sends people into red-alert as they scramble for the hand-sanitizer and [...]
Court Seeks Reasoned Explanation from NLRB
January 16, 2013
Medco Health Solutions of Las Vegas, Inc. v. NLRB, 2012 U.S. App. LEXIS 25548, 1 (D.C. Cir. Dec. 14, 2012). The U.S. Court of Appeals for the D.C. Circuit recently remanded a decision by the National Labor Relations Board (the “Board”) that found an employer had violated the National Labor Relations Act by ordering an employee to remove [...]
Password Protection for Employees
January 4, 2013
Along with the New Year comes new legislation. The prominent role of social media in our society has prompted some employers to require that employees and applicants provide user information and passwords to their social media accounts. However, the ability to make such demands will likely be limited in the future as states have begun [...]
The Southern District Sends FLSA Claims to Arbitration
December 21, 2012
Cohen v. UBS Fin. Servs., 2012 U.S. Dist. LEXIS 174700 (S.D.N.Y. Dec. 3, 2012). A recent ruling from the Southern District of New York provides further clarification regarding the use of arbitration clauses in employment agreements. On December 4, 2012, District Judge Barbara S. Jones granted UBS AG’s (“UBS”) motion to compel arbitration in a [...]
Message to Employers: When Terminating an Employee Never Mention Anything Relating to the Employee’s Age
December 7, 2012
Brazil v. Volkert, Inc., 2012 U.S. Dist. LEXIS 164601 (N.D. Ala. Nov. 19, 2012). Employers should carefully prepare what they say to employees who they intend to terminate before actually saying it. Often, employers use terms that should be excluded from their vocabulary when in those delicate situations. Employers who fail to do so, may [...]
NLRB Advice on Acceptable Social Media Policies
November 28, 2012
The National Labor Relations Board’s (NLRB) Division of Advice provided some much need guidance on what constitutes a permissible social media policy. On October 19. 2012, an Advice Memorandum was released recommending the dismissal of an unfair labor practices claim against Cox Communications. In making its determination, the NLRB found that enforcement of the company’s [...]
Who is Considered a “Supervisor”?
November 21, 2012
The U.S. Supreme Court is set to hear oral argument in Vance v. Ball State University addressing the definition of “supervisor” for the purposes of liability under Title VII of the Civil Rights Act of 1964. An employer can be held vicariously liable for the actions of a supervisor who discriminates against another employee on the [...]