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BT Currents - Hot Topics in Employment Law

18 Mar New York City Cares – “Caregivers” Become Protected Employees

  New York City is protecting those who care for others. Effective May 4, an amendment to the New York City Human Rights Law will make “caregivers” protected employees. Under the amended law, New York City employers with four or more employees will be prohibited from taking adverse employment actions, including firing or refusing to hire, as well as from discriminating against an individual because of actual or perceived “caregiver status.”   The amended law is expansive for a number of reasons, in particular the…

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25 Feb Bill Proposes to Streamline Ohio’s Outdated Antidiscrimination Statutes

  Ohio’s antidiscrimination statutes are currently some of the least friendly in the country to employers. There are long statutes of limitations, individual liability for managers, and uncapped damages. Not to mention, the laws can be incredibly confusing – there are four different ways to file an age discrimination claim and they have different statutes of limitations, remedies and jurisdictions.   Hopefully for employers, this system will soon be corrected. Senator Bill Seitz has introduced Senate Bill 268, the Employment Law Uniformity Act. If the…

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29 Jan Hold Your Horses: A Plaintiff’s Long Rap Sheet Might Not Get You to the Finish Line

With each case, employers defending discrimination claims know at least these three things: litigation can be expensive, litigation is time-consuming, and the outcome is never a sure thing.   Still, every once in a while, information is revealed that makes the case more thrilling, and little is more exciting than discovering a plaintiff’s criminal past, such as an ADA plaintiff who illegally sold prescription pain medications and also may have engaged in shoplifting.  Sounds like great evidence that should torpedo the plaintiff’s claims, right?  Not…

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15 Jan HR Note to Self: Accommodate Obvious Disabilities

  A recent case out of Connecticut federal court serves as a fine reminder that a good dose of common sense can be indispensable for staying out of trouble under the Americans with Disabilities Act (ADA). In the case in question, a call center employee was a top performer, consistently receiving sterling performance evaluations and even a special award for outstanding service. Unfortunately, a car accident led to disabling spine, hip, elbow, shoulder, and knee injuries. The employee’s performance suffered as her injuries made it…

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06 Jan New York City Protects Caregivers Under Expanded Law

  New York City Mayor Bill de Blasio (D) signed a city council bill (Int. No. 0108-2014-A) on Jan. 5, which expanded the protections of the New York City Human Rights Law against employment discrimination to include “caregiver status” as a protected category. The bill prohibits any employee or job candidate who “provides direct and ongoing care for a minor child or a care recipient” from being subject to adverse employment actions by employers, employment agencies, and labor organizations (and any employees or agents of…

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