Gladysiewski v. Allegheny Energy, 2010 WL 3622446 (3d Cir., September 20, 2010) – The plaintiff in this case alleged that he was terminated in retaliation for filing an administrative complaint and a federal lawsuit alleging age discrimination. The termination occurred two years after the complaint was filed. The Third Circuit Court of Appeals ruled that the plaintiff failed to demonstrate a causal link between the filing of his discrimination complaint and his subsequent firing. A period of two years, the court said, is “too long to constitute temporal proximit
On September 28, 2018, the independent Occupational Safety and Health Review Commission (OSHRC) agreed with Ogletree Deakins’ argument that the Occupational Safety and Health Administration’s (OSHA) standard requiring emergency eye-flushing and body-washing facilities on construction sites is invalid.
Under section 109(1) of the Equality Act 2010 (EA 2010), an employer is liable for acts of discrimination, harassment, and victimisation carried out by its employees in the course of employment: “[a]nything done by a person (A) in the course of A’s employment must be treated as also done by the employer.” Section 109 further states that “[i]t does not matter whether that thing is done with the employer’s … knowledge or approval.” However, under section 109(4) EA 2010, an employer has a defence if it can demonstrate that it “took all reasonable steps” to prevent the employee from carrying out the act of discrimination. When considering an employer’s defence that it took all reasonable steps to prevent an employee from discriminating against another employee, a tribunal will examine how effective the steps were likely to be when they were taken and how effective they proved to be in practice. The decision of Allay (UK) Ltd v Mr S Gehlen looks at the scope of this defence.
On October 1, 2013, the “New Jersey Security and Financial Empowerment Act” (NJ SAFE Act) becomes effective, which in addition to providing new leave rights to victims of domestic violence and sexual assault, creates yet another posting requirement for New Jersey employers. The new NJ SAFE Act poster is available…..