Polsinelli at Work |  Labor & Employment Blog

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New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

By: Andrew McKinley

On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under Title VII, the Equal Pay Act (“EPA”), and state law.  In Kassman v. KPMG, No. 11 Civ. 3742 (LGS), 2018 WL 6264835 (S.D.N.Y. Nov. 30, 2018), plaintiffs filed suit under federal and state law, alleging discrimination against thousands of female associates, senior associates, managers, senior managers/directors, and managing directors in their pay and promotions.  Plaintiffs asserted both disparate impact and disparate treatment theories.

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Read The Statute: Tenth Circuit Holds Claim For Failure To Accommodate Requires An Adverse Employment Action

Read The Statute: Tenth Circuit Holds Claim For Failure To Accommodate Requires An Adverse Employment Action

By: Don Samuels

In Exby-Stolley v. Board of County Commissioners, No. 16-1412, 2018 WL 4926197 (10th Cir. Oct. 11, 2018), the Tenth Circuit Court of Appeals held that for an individual to succeed on a failure to accommodate claim under the Americans with Disabilities Act (“ADA”), he or she must establish an adverse employment action, i.e., one that materially adversely affects the terms, conditions, or privileges of employment. See 42 U.S.C. §12112(a).

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New York State’s Anti-Sexual Harassment Requirements Now In Effect: What Employers Should Know

New York State’s Anti-Sexual Harassment Requirements Now In Effect: What Employers Should Know

By: Stephanie Delatorre

In the wake of the #MeToo Movement, New York enacted legislation that is specifically targeted to sexual harassment in the workplace.  On October 1, 2018, New York released final guidance materials regarding the legislation, including a model policy and a list of Frequently Asked Questions, which can be located here

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Three Steps Employers May Take to Avoid Liability When Transferring Employees

Three Steps Employers May Take to Avoid Liability When Transferring Employees

By: Michael J. Lorden

Employers may desire to transfer an employee to a different position, division, or office because of personality conflicts, performance issues, a reorganization, or myriad other reasons.  While transferring an employee may resolve an immediate problem, it could also lead to a retaliation or disparate treatment claim.

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#MeThree: Recommendations for Employers to Avoid Liability for Third Party Harassment

#MeThree: Recommendations for Employers to Avoid Liability for Third Party Harassment

By: Karen R. Glickstein

The #MeToo movement has sparked an increase in sexual harassment investigations and focused attention on the potential liability of employers for the actions of third parties with whom their employees interact for business purposes.  We previously noted the importance of employers maintaining policies and providing training on proper responses to complaints about third party harassment in the hostile environment context.[1]  Two recent decisions underscore the importance of awareness of potential liability from third party harassment claims outside the area of sexual harassment and in potential quid pro quo situations.

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