Allyn & Fortuna LLPPaula Lopez, June 5, 2015. On Monday, the U.S. Supreme Court issued its decision in the case EEOC v. Abercrombie & Fitch Stores, Inc., reversing the Tenth Circuit Court of Appeal’s decision holding that Abercrombie could not be held liable on a religious discrimination claim for failure to accommodate. In an 8-1 decision reversing a decision of the Tenth Circuit Court of Appeals, the U.S. Supreme Court made it clear that Title VII requires employers to make efforts to accommodate an applicant or employee’s “religious observance and practice”…
Paula Lopez, May 12, 2015. On May 6, 2015, Mayor Bill De Blasio signed into law Bill A-261A, which amends the New York City Human Rights Law (NYC HRL) to prohibit employers, labor organizations and employment agencies from conducting credit checks as part of their hiring process and from discriminating against an applicant or employee based on credit history. Although the new law provides for certain exemptions where employers are permitted to request and rely on credit-related information, the exemptions are limited. Employers with four or more employees…
By: Megan J. Muoio, April 7 2015 On March 25, 2015, the Supreme Court handed down a decision in Young v. United Parcel Service, Inc., a case challenging the interpretation and applicability of the Pregnancy Discrimination Act (PDA) and that has drawn national attention. Young was a part-time driver for UPS, which requires that its drivers lift up to 70 pounds. After Young became pregnant, her doctor advised her not to lift more than 20 pounds. UPS told Young that she could not work under a lifting restriction. However,…
By Diana Uhimov, March 18, 2015. The U.S. Supreme Court recently heard argument in EEOC v. Abercrombie & Fitch Stores. The Equal Employment Opportunity Commission brought suit against Abercrombie over its refusal to hire a Muslim teen, Samantha Elauf. Although she scored highly in her interview for a sales associate position with the retailer, she was not hired because she wore a black hijab—a Muslim headscarf she has worn since the age of 13. When the interviewer consulted with a manager about the headscarf, she gave Elauf a low score in…
Diana Uhimov, February 13, 2015. Workplace relationships may be initiated at any time of the year, but the romantic theme of Valentine’s Day can lead to inappropriate behavior that employees might not otherwise engage in. That makes February an opportune time for companies to reevaluate their policies on office romance and harassment, and to remind employees of the rules. A recent survey by Career Builder found that 37% of workers have dated a coworker. But when intraoffice relationships sour, employers can be subjected to legal claims of discrimination…
Diana Uhimov, January 14, 2015. On Monday, the U.S. Supreme Court denied review of the Sixth Circuit’s holding in Kalamazoo County Road Commission v. Deleon, permitting employees to bring an action for workplace discrimination after being given a position that the employee had actually pursued. The suit was brought by Robert Deleon, a 53-year-old Mexican-American man who had worked for the Kalamazoo County Road Commission for 25 years. Deleon applied for a vacant position that involved working in an office located in a garage with diesel fumes, but the job…
By: Megan J. Muoio, December 31, 2014 There have been a number of notable employment law developments in 2014, and employment issues for employers will continue to be dynamic into 2015. The Equal Opportunity Employment Opportunity Commission (EEOC) has initiated significant litigation and issued substantial regulations, while the National Labor Relations Board (NLRB) has pushed the envelope regarding employees’ rights issues. The Supreme Court has also been especially active in the employment law area, handing down decisions relevant to the religious rights of employers and considering issues regarding…
Diana Uhimov, November 5, 2014. On Oct. 9, the Second Circuit sided with Fujifilm Medical Systems USA Inc. in Weber v. Fujifilm Medical Systems USA Inc., et al., an employee discrimination case brought by John J. Weber, former executive vice president. Weber alleged he was fired because he was not Japanese, in violation of Title VII of the Civil Rights Act’s prohibition on discrimination in employment based on race and national origin. The court ruled that Fujifilm could use “after-acquired” evidence, or evidence of the employee’s misconduct during the period…
By: Megan J. Muoio, October 8, 2014 The Equal Employment Opportunity Commission (EEOC) continued its recent aggressive advocacy on behalf of employees by filing suit against two employers, claiming that the employers terminated employees because they were transgender. The suits are the first lawsuits ever filed by the EEOC alleging sex discrimination against transgender individuals under Title VII of the Civil Rights Action of 1964. These lawsuits comport with the EEOC’s Strategic Enforcement Plan for 2012, which expressly seeks to expand lesbian, gay, bisexual and transgender coverage under…
Megan J. Muoio, September 11, 2014 In 2000, the State of Colorado legalized medical marijuana use by individuals with debilitating medical conditions. Then in January 2013, it attracted attention by legalizing recreational marijuana use, but it is the use of medical marijuana that has sparked an important employment law-related debate. For employers in New Jersey, where medical marijuana is already legal, and New York, where it is expected that medical marijuana will be legalized soon, Colorado is the first test for regulating employees’ medical use of marijuana outside…