Characterizing its own precedent as “inconsistent” and “confusing,” the Third Circuit Court of Appeals, in a published opinion earlier this month, undertook to “clarify” the “correct standard” for establishing a
Continue Reading Third Circuit ‘Clarifies’ that a Single Racial Slur May be Sufficiently ‘Severe’ to Create a Hostile Work Environment
noel a. lesica
New York City to Prohibit Employer Inquiries into Salary History
By Michael J. Slocum & Robert Bernstein on
Posted in Discrimination, Wage & Hour
On May 4, 2017, New York City amended its Human Rights Law (NYCHRL) to join the growing number of municipalities that prohibit employers from inquiring about applicants’ wage history. Ostensibly…
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Employer’s Honest Belief Sufficient to Defeat FMLA Retaliation Claim
By Mark D. Lurie & Robert Bernstein on
Posted in FMLA, Litigation
In a welcome decision to employers, the Third Circuit decided last week, for the first time, that an employer’s mere “honest belief” that an employee misused FMLA leave is sufficient…
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