06.19.09
Douglas W. Bartinik, Wendy J. Lario
On June 18, 2009, the United States Supreme Court rejected the notion that an employee alleging age discrimination may use the so-called “mixed motive” theory to shift the burden of proof to the employer. In Gross v. FBL Financial Services, Inc., the Court held instead that an employee asserting a claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the “but-for” cause of the employer’s adverse employment action.
06.12.09
Wendy J. Lario, Sandra Gonzalez
What else are they going to throw at New York City employers? How about eliminating the Faragher/Ellerth affirmative defense and the "severe or pervasive" test for harassment claims. That’s just what two separate courts recently did.
06.05.09
Wendy J. Lario, Jeanne Hayes
Soon, you may be wondering where all your workers have gone. Why? Because new legislation may require you to provide them with paid vacation.
06.05.09
Wendy J. Lario, Christopher Wasil
The Connecticut Senate is currently considering a bill that would require employers to provide paid sick leave to their Connecticut employees. The Connecticut House of Representatives approved the bill on May 28 by a vote of 88-58.
05.28.09
Wendy J. Lario, Lindsay Sorin
On May 18, 2009, the U.S. Supreme Court reversed a Ninth Circuit decision in favor of Noreen Hulteen and three other women who claimed they were due additional pension benefits after their employer AT&T denied full service credit for pregnancy leaves taken between 1968 and 1976. When the company calculated their benefits decades after their leaves in a manner that provided them less credit for their pregnancy leaves than that granted employees who had taken other forms of disability leave, the women sued arguing that AT&T violated Title VII by not fully restoring service credit for pregnancy leaves taken before the 1978 passage of the Pregnancy Discrimination Act (PDA).