Insights

A critical feature of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq., is its requirement that employers not only refrain from discrimination against disabled employees but, in addition,...

The U.S. Supreme Court has made clear that when an employer makes a decision on the basis of a criterion that is often correlated with age – such as high salary or length of service – as opposed to age itself, the...

In the April, 1994 issue of this Newsletter, we reported with skepticism on a novel decision of a federal court in Pennsylvania, in which an employer was found to have violated the Age Discrimination in Employment Act (the...

As reported in the October, 1992 issue of this Newsletter, an amendment to the New York Labor Law, which took effect on January 1, 1993, makes it unlawful for New York employers to take adverse employment actions against...

Title VII of the Civil Rights Act of 1964 provides that an employer may not retaliate against any of its “employees” or “applicants for employment” because they have filed a charge under Title VII,...

Most laws prohibiting discrimination in employment protect workers who are “employees” but not those who are “independent contractors.” The U.S. Court of Appeals for the Second Circuit in New York...

A recent decision by the U.S. Court of Appeals for the Second Circuit in New York has expanded the range of circumstances in which an employer may be held liable for sexual harassment by supervisors. Karibian v. Columbia...

Under a new statute, New York employers may not take adverse employment actions against employees or applicants for employment on the basis of their legal, off-duty conduct. The new law, section 201-d of the Labor Law, which...

The Pregnancy Discrimination Act (the “PDA”), enacted in 1978, provides that discrimination against an employee because of “pregnancy, childbirth, or related medical conditions” constitutes prohibited...