2013 Employment Law Update HRACC September 18, 2013. Holly L. Cini firstname.lastname@example.org Beverly W. Garofalo email@example.com Jackson Lewis LLP 90 State House Square, 8 th Floor Hartford, CT 06103 860-522-0404. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
Holly L. Cini
Beverly W. Garofalo
Jackson Lewis LLP
90 State House Square, 8th Floor
Hartford, CT 06103
Vance v. Ball State, No. 11-556: decided Jun. 24, 2013
UT Southwestern v. Nassar, No. 12-484: decided June 24, 2013
United States v. Windsor, No. 12-307: decided June 26, 2013
Employment Non-Discrimination Act (“ENDA”)
DOL Right to Know Law
FEDERAL DISTRICT COURT DECISIONS
Allen v. Chanel, Inc., No. 12-cv-6758(S.D.N.Y., June 4, 2013)
Samples coordinator for Chanel’s fashion division was terminated and given a “separation and release agreement” providing the employee a severance for her release of claims of discrimination. Employee re-typed entire page of agreement with same font and same margins except changing the word “including” to “excluding” from the list of covered claims so she could still sue for discrimination.
Chanel did not notice the change and paid the employee the $15,000 severance payment upon receipt of the agreement.
Employee brought suit for discrimination and Chanel moved to dismiss. Court found that employee was not barred from bringing a discrimination lawsuit because she had not validly released her claims. Chanel’s motion to dismiss was denied.
Glatt v. Fox Searchlight Pictures, Inc. (S.D.N.Y., June 11, 2013)
FEDERAL COURT OF APPEALS
Parisi v. Goldman Sachs, 710 F. 3d 483 (2ndCir. 2013)
McMillan v. City of New York, 711 F. 3d 120 (2d Cir., March 4, 2013)
Irizzary v. Catsimatidis, No. 11-4035-cv (2d Cir., July 9, 2013)
LABOR RELATIONS BOARD (“NLRB”)
The posting rule was struck down by the 4th Circuit Court of Appeals. Employers do not need to post.
Employers may not have an outright ban on employees taking and posting videos and photographs of the workplace.
No blanket confidentiality during company investigations. Employers should consider the need for confidentiality on a case-by-case basis. General Counsel Advice Memorandum.
The NLRB now has a full 5-member board.
Festa v. East Haven Bd. of Educ., 145 Conn. App. 103 (Aug. 20, 2013)
Tuxis Ohr’s Fuel, Inc. v. Administrator, Unemp. Comp. Act, et al., 309 Conn. 412 (Jul. 30, 2013)
Employee fuel oil delivery driver. While off duty, he was arrested for DUI and lost his CDL.
Because he could no longer drive the delivery truck, he was terminated. The employer challenged his application for unemployment benefits, arguing that plaintiff should be disqualified because he failed a federal or state mandated drug or alcohol test.
Holding: Willful misconduct must be “in the scope of employment”. A police sobriety test is not a mandatory test administered by the employer.
Comm’r of Mental Health and Addiction Svcs. v. Saeedi, 143 Conn. App. 839 (Jul. 9, 2013)
Plaintiff, a physician, alleged that he was retaliated against for reporting another physician’s substandard care.
He filed a whistleblower complaint with the as well as several grievances with via his Union.
Plaintiff prevailed after a CHRO public hearing and the Referee ordered, among other things, that plaintiff be given an “excellent” rating on his performance review and that his supervisors undergo professional ethics training– equitable remedies, in addition to financial.
On appeal, the state court upheld the ruling except as to the training order, which it found exceed remedies permitted under this provision of the enabling legislation. Language in decision potentially will impact emotional distress damages debate . . . .
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