Christopher R. Lepore

Christopher R. Lepore

Christopher Lepore focuses his practice on employment litigation and counseling employers on compliance with the numerous employment laws. His experience includes litigating a wide range of matters involving discrimination, retaliation, harassment, wage and hour, and Sarbanes-Oxley whistleblower retaliation claims in both federal and state courts, and in arbitrations.

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Proposed Employee Wellness Legislation Might Undermine Protections of GINA

Employees who don’t want to disclose genetic information about themselves and their families to their employers may have to pay a stiff price for that privacy in the future. The Preserving Employee Wellness Programs Act (H.R. 1313), a GOP-sponsored bill currently under consideration in Congress, could dismantle the employee privacy protections of the Genetic Information Nondiscrimination Act (GINA).… Continue Reading

EEOC Updates Guidance on National Origin Discrimination

As we observed (here), the heated tone of the recent presidential election poses unprecedented challenges for employers attempting to manage employee interactions in the workplace, especially when issues related to immigration and national origin inevitably come up. Right on cue, on November 21, 2016, the EEOC, emphasizing the rising numbers of immigrant workers in many of the United … Continue Reading

Eleventh Circuit Announces New Standard for Employers to Win Cases on Summary Judgment

Employers in Florida, Georgia, and Alabama should adjust their analysis of discrimination claims in light of a recent court decision that changes the legal standard for employers seeking early dismissal of discrimination cases. Previously, employee claims based on circumstantial evidence were evaluated under a burden-shifting framework. An employer could win summary judgment before trial by showing that a) it had … Continue Reading

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow employees’ charges of similar conduct. What fewer employers may realize is that legal prohibitions on retaliation may, in some circumstances, extend beyond employees’ actual employment. Some of the post-employment conduct … Continue Reading

New York Trial Court Provides Guidance on Application of Corrections Law Factors

It should come as no surprise to New York employers that making an employment decision based on an applicant or employee’s criminal background can be unlawful.See N.Y. Corr. Law § 752; see also N.Y. Exec. Law § 296 (15).  Despite this general prohibition, there are two statutory carve outs which permit employers to make such a decision: (1) when … Continue Reading

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