Employment Law This Week: Constructive Discharge Claims, Class Waivers, Hiring Bias, Electronic Record-Keeping Rule, Equal Pay
The Maine Supreme Judicial Court just handed employers a win by narrowing the application of the “continuing violation” doctrine in discrimination claims under the state’s primary anti-bias law. This doctrine permits...more
If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment - Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more
The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in...more
Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more
Employers that receive requests for accommodation made by a disabled employee must remain careful about making significant changes to that employee’s terms and conditions of employment prior to concluding review and...more
In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more