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Employer Policies

Is your business ready for an inspection from U.S. Immigration and Customs Enforcement?

Federal law requires employers to verify the identity and employment eligibility of their current and prospective employees and document their compliance using the Employment Verification, Form I-9. U.S. Immigration and Customs Enforcement (“ICE”) Homeland Security Investigations (“HSI”) has the authority[1] to inspect and review employer’s Forms I-9 and conduct workplace raids. Employers in Connecticut and other […]

Back to Basics: Workplace Investigations

Workplace Investigations – and the need for them – have been in the news a lot lately.  So it seems like a good time to review some basics, such as what triggers them, who should conduct them, and why are they important. A workplace investigation can be triggered by myriad reasons, including a complaint or […]

FMLA: A Painful Reminder of the Importance of Supervisor Training

The importance of training supervisors on how to recognize and deal with employee leave issues cannot be overstated. And here’s a painful example of why… Grace, an employee at a group home where she provided support to residents with mental impairments, was unexpectedly hospitalized due to a mental health condition. Grace had her son call […]

Maximum Leave Policies Can Cost Employers – Big Time

UPS recently agreed to pay a $2M to settle a disability discrimination suit brought by the EEOC relative to its maximum leave policy. The company’s policy required “administrative separation” if an employee was unable to return to work after 12 months.  The EEOC said this inflexible leave policy violated the ADA. In addition to the […]

Responding to Requests for Employee Leave for Disaster Relief Efforts

In response to Hurricane Harvey’s destruction in Texas and Louisiana, employees may wish to take time off from work to participate in the cleanup efforts.  Employers may wonder what their obligations are when faced with requests for leave. Public Sector State employees who are certified disaster service volunteers with the American Red Cross may, with […]

Employers Must Update Their New-Hire Paperwork By September 18th – Again

Starting September 18, 2017, all employers will be required to use a new I-9 Form, the form used to verify an employee’s eligibility to work in the United States.  The most recent change to the I-9 was less than a year ago, so it is important to ensure that you are using the edition dated […]

Legislature Expands Pregnancy Protections, Malloy Set To Sign

Just before the end of the legislative session, Public Act 17-118: An Act Concerning Pregnant Women in the Workplace, passed and is expected to be signed by the Governor.  Effective October 1st, this Bill amends Connecticut’s existing Pregnancy Discrimination Statute, Conn. Gen. Stat. § 46a-60 by expanding the employment protections provided to pregnant women and requiring […]

2d Circuit Court of Appeals reverses $2.6 million jury verdict in disability discrimination case

A pharmacist was terminated after he claimed he was unable to administer vaccinations to customers.  Christopher Stevens sued Rite Aid for discrimination, retaliation and failure to accommodate under the Americans with Disabilities Act (ADA) and other state non-discrimination laws.  The jury awarded him $2.6 million, including $900,000 in non-economic damages. By way of background, Rite […]

Recent EEOC Decision Highlights the Importance of Dealing with Third Party Harassment

A recent judgment awarded $250,000 in compensatory damages (including emotional distress) resulting from an employer’s inaction against a customer who for more than a year engaged in a pattern of harassment including inappropriately touching the employee and stalking. In EEOC v. Costco, the EEOC proved that Costco failed to take steps to protect an employee from […]