Disability Discrimination

Under federal law, a “disability” is a physical or mental impairment that substantially limits one or more major life activities. The Americans with Disabilities Act (ADA) prohibits discrimination against disabled individuals in employment as well as in public services, public accommodations and in public transportation. The employment provisions of the ADA prohibit employers from discriminating […]

Religious Discrimination

Employers may not be familiar with their obligations concerning an employee’s religion or religious practices.  Under federal anti-discrimination laws, religion does not mean only mainstream or organized religions.  Rather, an employee need only have a religious belief, common or uncommon in the community, that is sincerely held. There are essentially two kinds of religious discrimination […]

Age Discrimination

The Age Discrimination in Employment Act (ADEA) and various state laws make it illegal for employers to make decisions that are motivated by an employee’s age.  Federal law limits age related lawsuits to persons who are 40 years of age or older.  However, other states such as New Jersey provide broader protections.   There are […]

Racial Harassment/Discrimination

Almost any decision an employer makes that is premised on an employee’s race that adversely affects the employment of an employee creates a viable cause of action for race discrimination.   Federal law (as well as many state laws) prohibits employees from being subjected to harassment because of their race (the use of racially offensive […]

Sexual Harassment

There are basically two kinds of sexual harassment recognized by federal law:   (1) Hostile-work environment sexual harassment – This kind of harassment occurs when an employer or agents of the employer (manager or non-manager) subject an employee to unwelcome sexual behavior (physical or verbal).  A hostile work environment can exist if the unwelcome actions […]

Wrongful Termination

Generally, at-will employees can be fired for any reason or no reason.  There are several statutory exceptions to the at-will employment rule though.  For example, at-will employees generally cannot be terminated because of their age, race, sex, religion, disability, for taking a qualified medical leave, for objecting to a polygraph test as a condition of […]

Severance Packages

Employees should usually have proposed severance packages reviewed by an experienced and knowledgeable employment attorney.  Employees may be waiving claims they are not aware they are waiving, and more importantly, are not required to waive.  In certain instances, a proper evaluation of the circumstances surrounding a former employee’s termination or separation will reveal that it […]

Another Sc**w Job By a Disability Insurance Company

Some of the major disability insurance carriers will stop at nothing to keep sticking it to claimants. Its tax time and the insurance companies are sending 1099’s to those with whom it entered settlements last year. At least one company is telling the IRS, via the 1099’s that the settlements are taxable benefits, even if […]

Doctor Called “Immediate and Serious Threat To Public Health”

Finally, a state getting serious about a doctor with a history of inadequate care. The board of medicine in Boston, Massachusetts has suspended an ob-gyn with a alleged history of serious malpractice complaints, calling her an “immediate and serious threat to public health.” Dr. Suzanne B. Rothchild’s medical license was suspended after the board reviewed […]

Should a Lawsuit Say Exactly What You Are Asking For?

In the state of West Virginia, legislation which would prohibit specific financial demands for damages in personal injury and wrongful death cases from being included by attorneys has drawn support from both trial attorneys and defense counsel. Earlier in March, the state’s Legislature passed House Bill 4120, which would prohibit such demands. Exceptions are provided […]