Employment Matters Blog - A blog about current developments & issues in employment, labor & benefits law

By Tyrone P. Thomas

Rutgers University announced its termination of the employment of men’s basketball coach Mike Rice.  The firing occurred after a media frenzy from the release of video of practices in which Mr. Rice was observed shoving players, throwing balls at them, and using gay slurs.  Part of the controversy facing the University arises from the athletic director’s decision to suspend Mr. Rice for three games and fine him $75,000 after investigating Mr. Rice’s conduct, as opposed to stronger disciplinary measures such as termination.

Continue Reading

By David M. Katz

As we predicted in an earlier blog post, Mayor Michael Bloomberg has vetoed legislation aimed at prohibiting discrimination against New York City’s unemployed. 

In a statement explaining his veto decision, Mayor Bloomberg said: “Hiring decisions frequently involve the exercise of independent, subjective judgment about a prospective employee’s likely future performance, and the creation of this ambiguous legal standard will make it harder for employers to make decisions that will benefit their businesses.”  Unlike other protected characteristics, such as an applicant’s race, “the circumstances surrounding a person’s unemployment status may, in certain situations, be relevant to employers when selecting qualified employees,” Mayor Bloomberg said in his statement.

Also as predicted, City Council Speaker Christine Quinn said today that the council would vote to override the veto of the measure.  It is anticipated that the council has more than enough support to override Mayor Bloomberg’s veto.  We will continue to monitor developments, and will keep you informed.

By Martha J. Zackin

On January 29, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs issued a Directive. pertaining to federal contractors’ use of arrest and conviction records in making employment decisions.  This Directive is consistent with and incorporates guidance issued by the Equal Employment Opportunity Commission in April 2012.

Continue Reading

By Michael S. Arnold

Several members of the New York City Council have introduced a bill that would amend the City’s Human Rights Law to permit employees to waive a Human Rights Law claim only where the waiver is “knowing and voluntary.”  Such a statutory (rather than common law) knowing and voluntary requirement currently only applies to waivers of Federal age discrimination claims.  The bill aims to capture not just the waiver of age discrimination claims under the City Human Rights Law, but also any other type of discrimination claim an employee may assert under the City law (e.g. race, gender, national origin, sexual orientation, etc.). 

Continue Reading

In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title VII—even if the employee himself neither raised a claim of discrimination nor engaged in any protected conduct. Click here to read an alert we wrote on this topic. Since then, some jurisdictions have interpreted Thompson to protect employees and applicants from discrimination, as well as retaliation, based on their close relationship with a member of a protected class.

These cases turn on whether the close associate of the applicant or employee falls within a protected class. Finding that “alienage” is not a protected category, the United States Court of Appeals for the Seventh Circuit recently held that the spouse of an undocumented alien is not protected from termination based on her husband’s unauthorized status.

Continue Reading

By Joel M. Nolan

Some people just can’t catch a break.  In recent years, this was certainly true of Michael Boitnott, an employee of Corning Incorporated.  Mr. Boitnott, a maintenance engineer, worked a schedule that was typical for similarly-situated co-workers, which included twelve-hour shifts, alternating bi-weekly between day shifts and night shifts.  Throughout 2002 through 2004, Mr. Boitnott experienced health problems for which he was periodically absent from work, including abdominal pain, a heart attack with further cardiac difficulties, and leukemia.  In February 2004, following his leukemia-related absence, Mr. Boitnott regained his health and told Corning he was ready to return to work.  According to his physician, however, Mr. Boitnott was limited to working a typical 40-hour, day-shift workweek without overtime.  Thus, Mr. Boitnott could not return to his former schedule of twelve-hour rotating shifts.

Continue Reading

On November 15, 2011, the Massachusetts House of Representatives passed An Act Relative to Gender Identity, by a vote of 115 to 37.  The next day, the bill was passed in a voice vote by the Massachusetts Senate.  If Governor Patrick signs it, which he is expected to do, the Transgender Act will go into effect on July 1, 2012.

Continue Reading

On September 8, 2011, President Obama addressed a joint session of Congress, during which he unveiled a comprehensive jobs plan aimed at spurring job creation and jump-starting a stalled economy.  The President’s proposal includes a provision banning companies from refusing to hire unemployed workers.

Continue Reading