Features
How to De-ICE Your Business
The importance of immigration compliance continues to grow as more and more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA). This article explores how to avoid these negative consequences.
Features
The 'Cat's Paw' Doctrine in the Second Circuit
Imputing liability to an employer that relies on input from a biased employee is known as the "cat's paw" theory of liability. Here's how this affects your practice.
Disability-Related Misconduct
Part One of this article in last month's issue discussed the definition of disability, disabled-employee miconduct, and discipline. Part Two herein continues the discussion.
Banning Smokers May Harm Your Company's Health
The top 10 reasons that employers should think before jumping on the bandwagon to adopt a "smokers need not apply" rule.
Transgender Issues in the Workplace
Although no federal statute explicitly prohibits employment discrimination based on gender identity, courts have increasingly held that transgender individuals are protected from discrimination under federal law.
Disability-Related Misconduct
One question that many courts have grappled with is whether and to what extent accommodations must be made for a disabled person who engages in misconduct as a result of his or her disability. This article examines the divergent approaches that courts have taken in their resolution of that issue.
Mandatory Retirement in Law Firms and Other Partnerships
A recent settlement between New York-based law firm Kelley Drye & Warren LLP and the U.S. Equal Employment Opportunity Commission (EEOC) compels a second look at mandatory retirement in law firms and other partnerships.
Unequal Severance Benefits and Discrimination Claims
In an interesting published decision, the U.S. Court of Appeals for the Fourth Circuit has held that an offer of less favorable severance benefits to a female may constitute sex discrimination in violation of Title VII. This article takes a closer look at this case.
Is McDonnell Douglas in for a Bumpy Ride?
The long-standing practice of resolving Title VII indirect discrimination claims through summary judgment using the <i>McDonnell-Douglas</i> framework has recently come under fire. This article analyzes the recent ruling that has upset the applecart.
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