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“No Backsies?” — Not Rehiring A Recently Retired Employee Can Lead To Liability

Based on a set of somewhat unusual facts, a federal district court in Ohio ruled that an employer that refused to rehire a recently retired individual to his former position will need to argue at a jury trial that its...more

Salary History Ban Arrives In New York’s Suffolk County

New York’s Suffolk County is the latest local jurisdiction to adopt legislation prohibiting employers from asking about the prior salary histories of prospective employees. The salary history ban amends the Suffolk County...more

Pregnancy-Related Restroom Breaks May Be Protected Under ADA, And Not Title VII

Claiming that frequent restroom breaks were required by a pregnancy-related medical condition, a former employee’s claims were allowed to proceed under the Americans with Disability Act, but not Title VII. In Wadley v....more

Rescinding Termination May Not Defeat Retaliation Claim

Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon. The...more

Spousal Jealously Provides Grounds For Discrimination Claim

In a decision of apparent first impression in New York, an appellate court has ruled that the sexual jealousy of an employer’s spouse may be considered gender discrimination under New York State and New York City law (Edwards...more

Federal District Court Rules Federal Protections Expanded For Transgendered Employees

According to one federal court judge, a transgendered former employee can proceed with an employment discrimination case under the American With Disabilities Act (“ADA”) alleging that she was mistreated and fired based on her...more

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