Insights

Many employers, especially those in safety-sensitive industries, express concern that hiring applicants with certain disabilities could pose hazards in the workplace. The Americans with Disabilities Act (the...

A key issue in many cases brought under the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq., is whether the plaintiff is “disabled” within the meaning of the statute. Recently,...

PRESENTED BY DENNIS A. LALLI TO THE EMPLOYMENT LAW LITIGATION INSTITUTE, ST. JOHN’S UNIVERSITY SCHOOL OF LAW, JAMAICA, NEW YORK MAY 11 – 12, 2001 A. Introduction We are all accustomed to the notion that a...

In order for a hostile work environment to be actionable, it must be sufficiently severe or pervasive to alter the terms and conditions of the plaintiff’s employment. The U.S. Court of Appeals for the Second Circuit...

In a pair of cases decided in 1998, Burlington Indus. Inc. v. Ellerth, 524 U.S. 742 (1998) and Faragher v. Boca Raton, 524 U.S. 775 (1998), the U.S. Supreme Court established an affirmative defense for employers in certain...

The Connecticut Fair Employment Practices Act (“FEPA”) prohibits employment discrimination based on “present or past history of mental disorder.” Until recently, however, the statute did not define...

Title VII of the Civil Rights Act of 1964 provides that an employer may not retaliate against any of its employees because they have filed a charge under Title VII, have opposed any practice made unlawful under Title VII,...

The U.S. Court of Appeals for the Ninth Circuit in San Francisco has ruled that an affirmative defense available to claims of workplace harassment by supervisors under federal law (Title VII) also applies to such claims...

In a per curiam decision dated April 23, 2001, the United States Supreme has reaffirmed the proposition that an “isolated incident” of arguably sexual banter cannot give rise to a viable sexual harassment claim...

Under Title VII of the Civil Rights Act of 1964, employers are obligated to reasonably accommodate their employees’ religious practices. A recent decision by the U.S. Court of Appeals for the Fourth Circuit illustrates...