Onanuga v. Huntington Life Sciences, Inc., No. A-5743-08T1 (App. Div., May 19, 2010) – The Appellate Division rejected an employee’s claim that his employer discriminated against him by requiring him to do extra work based upon greater proficiency in English than other employees. The court held that “[w]ithout more, assigning work based on language skills is not discrimination,” but stated a different result might occur if a plaintiff can demonstrate that the employer’s action was simply a proxy for discrimination. The court further rejected the plaintiff’s hostile work environment claim based upon an alleged disagreement with his supervisor in which she yelled at him, because “personality conflicts” and “insults” alone do not violate the NJLAD.
The Louisiana First Circuit Court of Appeal recently held in Derbonne v. State Police Commission, No. 2019 CA 1455 (October 14, 2020), that an employee whose duties require that he or she report violations of state law is not precluded from pursuing a claim for unlawful reprisal under Louisiana’s anti-reprisal or whistleblower statute, La. R.S. 23:967.
U.S. Citizenship and Immigration Services (USCIS) has had a change of heart. Instead of closing all 23 of its international field offices, as originally planned, the agency recently announced that it would keep seven offices open.
On May 31, 2011, the Colorado Supreme Court (sitting en banc) answered an open question in Colorado – whether continued at-will employment is sufficient consideration for a noncompetition agreement entered into after hire. In Lucht’s Concrete Pumping, Inc. v. Horner, the Court reversed the Colorado Court of Appeals and held that continued at-will employment, alone,