Insights

A recent decision of the U.S. Court of Appeals for the Second Circuit in New York highlights a disagreement among the federal appeals courts over whether plaintiffs may sue on a disparate impact theory under the Age...

On June 14, 2004, the U. S. Supreme Court resolved a disagreement among the lower federal courts and ruled that a constructive discharge resulting from harassment by a supervisor does not constitute a “tangible...

On May 5, 2004, the New York City Council passed a bill which, if it becomes law, will require certain city contractors to provide domestic partner benefit coverage to their employees. The Equal Benefits Bill applies to all...

On April 6, 2004, the United States Court of Appeals for the Second Circuit in New York affirmed summary judgment in favor of Costco Wholesale Corporation (“Costco”), dismissing the claims of a bakery worker,...

It came as a great surprise and disappointment to the employer community when, in July 2002, the United States Court of Appeals for the Sixth Circuit held that the federal Age Discrimination in Employment Act (the...

The California Supreme Court recently ruled that an employer in a sexual harassment case may limit a plaintiff’s damages if it can show that the damages could have been prevented by the plaintiff with reasonable effort...

A U.S. District Judge in New York relied heavily on an employer’s failure to distribute a non-discrimination policy to its employees and to train its employees concerning diversity issues in denying the employer’s...

In Reeves & Durham, “Can We Talk? Reasonable Accommodation and the Interactive Process in the West: Spring 2003,” NYSBA Labor and Employment Law Section, Fall Meeting 2003 (“Reeves & Durham”),...

Employers who offer a terminated employee severance pay or other separation benefits typically condition those benefits on the employee’s execution of a general release, waiving all legal claims arising out of his/her...

Title VII of the Civil Rights Act of 1964 includes a provision prohibiting an employer from retaliating against an individual who “has opposed any practice made an unlawful employment practice by this subchapter, or...