Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Abercrombie Hijab Case Could Create “Damned if You Do, Damned if You Don’t” Situation for Employers

All reports and the transcript from Wednesday’s Supreme Court argument in the closely-watched Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. case seemed to reveal a Court that was…

Happy Valentine’s Day to New Jersey Employers

The New Jersey Supreme Court last week gave New Jersey employers an early Valentine’s Day present, with a decision that recognizes that an employer may defend a “hostile environment” sexual harassment claim under the…

Sex and Power: Lessons from a Boutique Law Firm and an Ivy League University

Two seemingly unrelated news items today impart a lesson that, while not new, bears repeating. First, as reported by Law360, the long-running lawsuit by a female associate against her former law firm, Faruqi and…

The Illinois Supreme Court Clarifies Causation in a Claim for Retaliatory Discharge

The Illinois Supreme Court recently clarified the element of causation in its ruling in Michael v. Precision Alliance Group, LLC, 21 N.E.3d 1183 (Ill. 2014). In Michael, employees who reported about certain practices…

Recent EEOC Settlements Serve as Reminder to Employees to Offer Reasonable Accommodations for Employee Drug Tests

While drug testing policies are becoming commonplace, employers must remember that they can violate the Americans with Disabilities Act (ADA) if reasonable accommodations are not provided, as a recent decision in a…