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.
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).
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.
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.
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.