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Sixth Circuit Strikes Down Contractually Shortened Limitations Period for Claims Under ADA, ADEA

The statute of limitation periods in the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) give rise to substantive, non-waivable rights rendering a contractually shortened limitation period unenforceable, the U.S. Court of Appeals for the Sixth Circuit has held. Thompson v. Fresh Products, LLC, No. 20-3060 (Jan. 15, 2021). Click here … Continue Reading

EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded from OWBPA Disclosures

For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs. In a January 14, 2021, formal opinion letter, the Equal Employment Opportunity Commission (EEOC) clarified that non-U.S. citizen employees working abroad may be excluded from OWBPA disclosures because such … Continue Reading

EEOC Revises Guidance on Religious Discrimination in the Workplace

The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court opinions issued since the agency’s last significant update to its guidelines in 2008. Click here to read the rest of the article on the Jackson … Continue Reading

“The Impact of COVID-19 on Employment Claims and Litigation,” authored by Martin Aron in Claims Magazine, January/February 2021

Jackson Lewis’ Martin Aron has co-authored, “The Impact of COVID-19 on Employment Claims and Litigation,” published by Claims Magazine, Jan./Feb. 2021 issue.  The article focuses on (1) the variety of pandemic-related claims and litigation that have emerged during the COVID-19 pandemic; (2) the role human resources professionals, in-house counsel, and insurance claims professionals can play in … Continue Reading

Seventh Circuit Continues To Find That Lengthy Leaves of Absence May Not Be Reasonable Accommodations Under the ADA

On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA where it terminated its employee after it became clear that she would require several additional months of leave … Continue Reading

New Jersey Prohibits Enforcement of Non-Disclosure Provisions in Settlement Agreements, Other Contracts

A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and employment contracts, and prohibits the waiver of substantive and procedural rights under the statute. The amendment applies to all contracts and agreements entered into, renewed, modified, or amended on or after the effective date, March … Continue Reading

Well-Documented Investigation and Carefully Written Policies Give Win to School District Against Discrimination, Retaliation Claims

  Following nearly 10 days of witness testimony, a jury in Denton, Texas, has ruled in favor of the Denton Independent School District (ISD), and rejected an ISD para-professional’s claim that he was fired in retaliation for complaining about discrimination. Although the ISD’s termination letter to the para-professional stated that his history of filing meritless … Continue Reading

Workplace Bullying Costs State $3 Million

  A California state jury has handed down a $3 million award to a Caltrans (California Department of Transportation) employee in a case alleging harassment by supervisors.  John Barrie, a staff services analyst at Caltrans, alleged his supervisors harassed him by intentionally triggering his allergies through exposure to chemicals such as perfumes and cleaning solutions. … Continue Reading

Who is the Similarly Situated Comparator?

To prove claims of employment discrimination and retaliation, plaintiffs frequently rely on the similarly situated comparator — a coworker who engaged in the same misconduct alleged against the plaintiff, but without the same adverse consequences. Indeed, employers defending such claims often receive exceptionally broad pretrial discovery requests for information about coworkers who engaged in similar … Continue Reading

$4.5 Million Disability Discrimination Verdict Against Auto Dealer Who Failed to Investigate

 A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS (M.D. Fla. Feb. 22, 2017). The verdict consisted of $680,000 in lost wages and benefits, $600,000 for emotional pain and mental … Continue Reading

How Big Data Can Predict The Outcome of An Employment Trial

             The legal industry has turned to data analytics to keep litigation costs down. Companies can analyze litigation data on courts, judges, opposing counsel, and substantive evidentiary materials that affect liability. They are then better positioned to spot trends, predict exposure, and make strategic litigation decisions with greater efficiency.             In the Digital Age, a … Continue Reading
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