Showing 4 posts in Discrimination, Harassment & Hostile Workplace Claims.
EMPLOYMENT LAW CLIENT ALERT: Tenth Circuit Rules Failure to File Discrimination Claim with EEOC No Longer Jurisdictional Bar
In a surprising decision overturning 40 years of precedent, the Tenth Circuit recently ruled that a plaintiff’s failure to file a claim with the Equal Employment Opportunity Commission (“EEOC”) was not a jurisdictional bar to a federal court adjudicating an employment discrimination claim. Lincoln v BNSF Railway Company, --- F3d --- (10th Cir. August 17, 2018). More »
NJ EMPLOYMENT LAW CLIENT ALERT: An Amendment to the New Jersey Law Against Discrimination “NJLAD” Provides Protection And Accommodations for Nursing Mothers
New Jersey Governor Chris Christie recently signed legislation that amends the New Jersey Law Against Discrimination "NJLAD" to prohibit employers from discriminating against employees for breastfeeding. In that regard, an employer may not refuse to hire, discharge or require an employee to retire as a result of the employee’s breastfeeding. Further, the amendment prohibits employers from discriminating against any breastfeeding employee in regards to the employee’s compensation, terms, conditions or privileges of employment. More »
Previously, in "Employment Update: Illinois Enacts Pregnancy Fairness Act," we addressed whether pregnancy is considered a disability under the law and, if so, to what extent. The United States Supreme Court, in Young v. UPS, recently chimed in on this issue and the extent of coverage under the Pregnancy Discrimination Act ("PDA"). More »
In other articles, we have discussed the importance of obtaining social media data in pre-suit investigations and how to conduct social media discovery in pending litigation. As we discussed there, photographs, video and the like information can all be used for evidentiary purposes to demonstrate state of mind, the existence of mental or cognitive disabilities (or the lack thereof) and the level of activity enjoyed by a litigant. In those articles, we have focused primarily on recovering such evidence from Facebook since it is one of the most prevalently used social media platforms and permits users to download (at least arguably) the most helpful data. However, Facebook is not the only source of social media data and any thorough investigation should also involve identifying and requesting photographs, video, status updates or comments from other social media platforms. More »
- Green Development Risks
- A Question of Timing: Policy-Limit Demands and Insurer Bad Faith in Florida
- CUBI: Everything You Need to Know About Texas' Biometric Law and Beyond...
- Prejudgment Interest Starting as Early as the Time of Injury? At a Rate of 9% Interest? A Bill Sits on Illinois’ Governor’s Desk.
- Now That Vaccine Distribution Has Begun, What Issues Do Employers Face?
- Immunity From Liability For Healthcare Facilities and Healthcare Professionals in the Continuing Battle Against the Covid-19 Pandemic
- A National Approach to Biometric Privacy
- Illinois Appellate Court Says the Learned Intermediary Doctrine Does Not Shield a Device Manufacturer from Liability When a Doctor is Deceived About a Device’s Prior Testing and Suitability
- Remote Jury Selection by Video Conferencing
- Illinois Appellate Court Eliminates Key Defense to BIPA Claims
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