Race/Sex/Religion Discrimination  Articles

Accommodating Religious Beliefs

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            A decision recently handed down by the Second Circuit Court of Appeals provides guidance to Connecticut employers facing requests for religious accommodation.  Baker v. The Home Depot, 2006 U.S. App. LEXIS 9891 (2d Cir. April 19, 2006). The court held that an employer violates Title VII if its offer of accommodation fails to fully address the employee’s religious needs, unless it can show that granting the requested accommodation would cause an undue burden.

Clear and Consistent Reasons for Termination Essential in Defending Discrimination Suits

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            In most discrimination cases employers are required to articulate a legitimate, non-discriminatory reason for taking an adverse action against an employee. When an employer is able to do so, and the employee is unable to prove the offered reason is false, the employee will normally lose the case. For this reason it is important that employers carefully determine the reason for any adverse decision, clearly communicate it to the employee, and not deviate from it in subsequent communications or litigation proceedings.

Connecticut Expands Anti-Discrimination Law to Include Gender Identity Bias

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            Effective October 1, 2011, the Connecticut Fair Employment Practices Act (CFEPA) prohibits discrimination based on “gender identity or expression.”   “Gender Identity or expression” is defined as “gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.” Gender related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender related identity, consistent and uniform assertion of the gender related identity, or any other evidence that the gender related identity is sincerely held, part of a person’s core identity, or not being asserted for an improper purpose.

EEOC Changes EEO-1 Race and Job Categories

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            Private employers with 100 or more employees, or those with 50 or more employees and a government contract of at least $50,000, must file an annual EEO-1 form with the EEOC. The filing may be done electronically through the EEOC’s website.

Employees Have 180 Days After Termination to File Connecticut Discrimination Charges

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            The Appellate Court of Connecticut recently ruled that employees have 180 days from their date of termination to file charges of discrimination under the Connecticut Fair Employment Practices Act (“CFEPA”). Vollemans v. Town of Wallingford, 103 Conn. App. 188 (2007). This contrasts with federal law, which begins the 180 day filing period for Title VII claims on the date the termination decision is unequivocally communicated to the employee.


 

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