David W. Garland

Sills Cummis & Gross PC

Articles

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New Jersey Supreme Court: refusal to renew contract of employee over the age of seventy on the basis of age is discriminatory

USA - June 21 2010 On June 1, 2010, the New Jersey Supreme Court held that the over-seventy exception in the New Jersey Law Against Discrimination (the "LAD"), which allows employers to refuse to accept for employment employees over the age of seventy, does not permit employers to refuse to renew employment contracts based on age.

Jill Barbarino.

The Faragher-Ellerth defense: inapplicable to harassment and retaliation claims under the New York City Human Rights Law

USA - May 20 2010 On May 6, 2010, the New York Court of Appeals held that the affirmative defense created by the Supreme Court in Faragher v City of Boca Raton and Burlington Industries, Inc v Ellerth (the "Faragher-Ellerth defense") does not apply to sexual harassment and retaliation claims under the New York City Human Rights Law (NYCHRL).

Jill Barbarino.

Third Circuit: difficulty commuting to work may require accommodation under the Americans with Disabilities Act

USA - April 30 2010 This month, the Third Circuit Court of Appeals considered whether the ADA obligates an employer to accommodate an employee's disability when it affects the employee's ability to get to work.

Jill Barbarino.

Third Circuit: a combination of medical and lay evidence can establish “serious health condition” under the FMLA

USA - March 26 2010 Earlier this month, the Third Circuit Court of Appeals addressed an issue of first impression for the Court: whether a combination of medical evidence and lay evidence is sufficient to establish that an employee was incapacitated for more than three days, and thus, suffered from a "serious health condition" under the FMLA.

Jill Barbarino.

Second Circuit: employer may not defeat harassment claim by arguing that employee did not take advantage of all internal complaint options

USA - February 28 2010 Earlier this month, the Second Circuit Court of Appeals rejected an employer's argument that the Faragher/Ellerth affirmative defense applied to shield it from liability where the employee complained to the alleged harasser but not to others identified in the company's harassment policy.

Jill Barbarino.