As most employers know, complying with the Americans with Disabilities Act can be a challenge. That challenge promises to become more difficult with the release of the latest version of the manual universally recognized to identify and classify mental disorders – the Diagnostic and Statistical Manual of Mental Disorders, known as DSM-5. Newly identified mental… Read more »
Authored by: Matthew R. Wendler Yesterday, the U.S. Supreme Court issued two decisions arising under Title VII of the Civil Rights Act of 1964-defining “supervisors” narrowly and establishing that the lessened causation standard that applies in mixed-motive cases does not apply in cases brought under the anti-retaliation provision. Title VII of the Civil Rights Act… Read more »
In a recent ruling, the United States District Court for the Southern District of New York has found that an unpaid internship program concerning the production of the film “Black Swan” ran afoul of the Fair Labor Standards Act (“FLSA”). In Glatt v. Fox Searchlight Pictures Inc., the court found that the defendants improperly classified two… Read more »
The United States Court of Appeals for the Third Circuit has held that an employee who refuses to try a reasonable accommodation of a disability cannot maintain a discrimination suit under the Americans with Disabilities Act (“ADA”). In Yovtcheva v. City of Philadelphia Water Department, No. 12-3089 (3d Cir. May 7, 2013), the plaintiff, Silvia Yovtcheva, was… Read more »
Employee Retirement Income Security Act (“ERISA”) fiduciaries and plan sponsors, as defined by 29 U.S.C. § 1002(21)(A), have numerous investment responsibilities – particularly the responsibility to comply with and adhere to plan documents, perform their duties in the sole interest of a plan’s participants for the exclusive purpose of providing benefits to a plan’s participants… Read more »
The Third Circuit recently established the standard for deciding whether a corporate officer can bring a Title VII action. In Mariotti v. Mariotti Building Products, Inc., No. 11-3148 (3d Cir. April 29, 2013), Robert A. Mariotti, Sr., a founder of the company, its Vice-President and Secretary, a member of the Board of Directors and a Manager… Read more »
Summary Of Amendments To Clery Act, As Set Forth In The “Violence Against Women Reauthorization Act Of 2013” Effective Date – All amendments to 20 U.S.C. §1092(f)(1) are effective one year from the enactment date (March 7, 2013). Therefore, amendments are effective for Annual Security Reports distributed on or by October 1, 2014. However, many… Read more »
On April 29, 2013, citing an increase of fatal workplace incidents involving temporary workers, the Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor announced a new initiative to better protect those workers. Temporary workers are defined as those workers who are paid by temporary agencies and supplied to a host employer. … Read more »
In Young v. United Parcel Service, Inc., — F.3d –, 2013 WL 93132 (4th Cir. Jan. 9, 2013), the United States Court of Appeals for the Fourth Circuit held that employers do not need to provide preferential treatment to pregnant employees simply because the employee is pregnant. More specifically, the Fourth Circuit held that: (1) the… Read more »
In addition to providing for employer liability for discrimination claims, the Pennsylvania Human Relations Act (“PHRA”) and similar local laws, including Allegheny County’s Human Relations Ordinance, Philadelphia’s Fair Practices Ordinance and Pittsburgh’s Fair Practices Ordinance, contain provisions giving employees or applicants an additional claim of aiding and abetting liability against individual defendants. Notably, however, if… Read more »