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Second Circuit Reinforces Rights of Workers with Disabilities

The Second Circuit recently reaffirmed the requirements of the Americans with Disabilities Act (“ADA”). As a general rule, individuals with disabilities are entitled to “reasonable accommodations” so long as they can perform the “essential functions” of their job. For example, if someone who is blind is a great computer programmer — and can do all [...]

The Court Closes Doors on More Discrimination Cases

The Court this term has made enforcing Title VII of the Civil Rights Act harder than ever. In one opinion, discussed here, the Court made it harder to bring sexual harassment suits against employers by narrowing the definition of a “supervisor.” In Nassar, the Court also made it harder to prove unlawful retaliation. Federal law [...]

Supreme Court narrows who is a “supervisor” under Title VII

Few things in employment law are more convoluted than the rules the Supreme Court has made for holding employers responsible for sexual harassment at the workplace. Those rules anticipate three possible situations: 1. The harassment is done by a supervisor, and results in a “tangible employment action,” such as getting demoted, fired, suspended, or losing [...]

EEOC Sues for Discriminatory Use of Criminal Background Checks

The federal Equal Employment Opportunity Commission announced yesterday that it has filed two lawsuits, against BMW and Dollar General, for discriminatory use of criminal background checks to terminate employees or refuse to hire applicants. The EEOC is claiming that both companies used blanket exclusions or other across-the-board policies concerning criminal convictions, and that these policies [...]

Exciting Developments for Women’s Rights in New York

With civil rights legislation generally stalled in Congress, there is a very real chance for the expansion of women’s rights in New York State. Governor Cuomo recently introduced the Women’s Equality Act, his ten-point program to provide women greater protection in and outside the workplaces. Five of the Women’s Equality Act’s ten points relate directly [...]