The Americans with Disabilities Act (“ADA”) requires that employers consider possible reasonable accommodations that would permit disabled employees to perform the essential functions of their jobs. According to to the ADA, a reasonable accommodation could include a reassignment to a vacant position. In Equal Employment Opportunity Commission v. United Airlines,…
Middle School Principal Katherine Mulderig filed a sexual discrimination complaint in March 2011 with the Equal Employment Opportunity Commission (EEOC), alleging that Lake Placid, New York School Superintendant, Dr. Randy Richards, made sexually discriminatory comments to her while proposing a job change. Ms. Mulderig plans to file a civil action…
Today, the U.S. Department of Labor Wage and Hour Division released three new fact sheets addressing the topic of retaliation under the Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Each of these statutes contain provisions prohibiting an employer…
A former Long Island, New York police lieutenant was awarded $350,000 in damages by a jury in her lawsuit filed in the United States District Court for the Eastern District of New York. Sherry Hines was employed by the Village of Hempstead, New York, as a police officer. During her…
On August 26, 2011, the United States Equal Employment Opportunity Commission (“EEOC”) filed a civil action against Ford Motor Company on behalf of a former employee, alleging that the company failed to provide a reasonable accommodation to the employee and ultimately fired her because of her disability. The company maintained…
In Equal Employment Opportunity Commission v. Bloomberg L.P., No. 07 Civ. 8383 (S.D.N.Y. August 16, 2011), Judge Loretta Preska of the United States District Court for the Southern District of New York, dismissed a claim asserted by the Equal Employment Opportunity Commission (“EEOC”) on behalf of 78 claimants alleging that…
This week, the New York City Council unanimously passed a bill providing greater religious-based protections to employees working in New York City. The bill was prompted by New York City Police Department rules that prohibited Sikh police officers from wearing turbans, which is required by their religion. Nevertheless, the bill,…
The United States Attorney for the Southern District of New York recently filed a civil rights action against the Port Chester-Rye Union Free School District, located in Westchester County, New York. The action alleges that the school district discriminated against an employee because of pregnancy. The employee alleged that when…
The United States Supreme Court has agreed to hear a case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, to decide whether the “ministerial exception,” which is supposed to protect a church’s first amendment rights, protecting freedom of religion, applies to teachers of secular subjects in religious elementary schools. Generally,…
The federal Fair Labor Standards Act (“FLSA”) requires that employers pay employees at least the minimum wage for each hour worked, and 1-1/2 times their regular hourly rate for hours worked in excess of 40 in any workweek. In addition, the FLSA contains anti-retaliation protections to employees who make complaints…