Archive for March 2018
Second Circuit Holds That Discrimination Based On Sexual Orientation Is Illegal Under Title VII
In a landmark decision, the Second Circuit (which covers New York, Connecticut, and Vermont), ruled that discrimination based on an employees’ sexual orientation is actionable under Title VII. The Second Circuit in Zarda v. Altitude Express, Inc. is only the second appellate court in the United States to expressly find that employers who discriminate on…
Read MoreSixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense
Executive Summary: The Sixth Circuit Court of Appeals (which has appellate jurisdiction over the district courts in the following districts: Eastern District of Kentucky. Western District of Kentucky. Eastern District of Michigan) is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the Civil Rights…
Read MoreNew ERISA Claims Procedures for Plans Providing Disability Benefits Effective April 1, 2018
HIGHLIGHTS: Administrators of employee benefit plans governed by ERISA should make sure now that the claims procedures contained in their affected benefit plans comply with new regulations applicable to disability benefits. The new regulations, intended to ensure the independence and impartiality of plan decision-makers when determining disability benefit claims, are effective for any claims filed…
Read MoreFMLA Claim Advances Because of Insufficient Documentation
Citing the employer’s “insufficient documentation,” the U.S. District Court of New Jersey found that genuine issues of material fact existed as to whether a former employee was terminated for taking leave under the Family and Medical Leave Act (FMLA) and therefore denied the employer summary judgment. The plaintiff was fired a week after returning from…
Read MoreSupervisor’s Alleged Threat Results in Retaliation Claim Going to Trial
A former employee of a paper manufacturing mill could proceed to trial with his Title VII retaliation claim in light of a supervisor’s alleged threat, the U.S. District Court for the Western District of Louisiana held. Graphic Packaging International Inc. hired the plaintiff in 1996 as a worker in its paper mill in West Monroe,…
Read MoreShould Managers Be Armed in the Workplace?
Employers could be held liable if someone is injured News of mass shootings and their tragic results have left many people wondering what can be done to prevent or mitigate the consequences of violent acts—including acts committed in the workplace. Should a few trained managers be allowed to carry guns at work? What are the…
Read MoreInvestigating Claims of Harassment: A Step-by-Step “How To” Part 6: Closing the Investigation and Additional Steps Thereafter
This final installment of a six-part series on harassment investigations discusses how to close the investigation and steps to take after the investigation has been closed. As always, bear in mind that each harassment investigation is different and must be tailored to fit the particular circumstances. Close the Investigation Once the investigation has concluded, it…
Read MoreInvestigating Claims of Harassment: A Step-by-Step “How To” Part 5: Other Sources of Evidence, Summarizing the Investigation, & Reaching a Conclusion
Before concluding a harassment investigation, the investigator should follow up with other possible sources of evidence, record and summarize the investigation, and reach a conclusion. This fifth part of a six-part series discusses these final steps in the investigation process. As always, bear in mind that each harassment investigation is different and must be tailored to fit…
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