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Beth P. Zoller

Beth P. Zoller

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Delaware Is Next State To Legalize Same-Sex Marriage

Delaware is now the 11th state to permit same-sex marriage under a new law that will go into effect on July 1, 2013. This follows Rhode Island's passage of a similar law last week. +2013 Bill Text DE H.B. 75....more

5/16/2013 - Legalization Same-Sex Marriage

EEOC Wins Substantial Jury Verdicts Totaling Over $260 Million

The Equal Employment Opportunity Commission (EEOC) has obtained significant jury verdicts for damages totaling $260 million in disability discrimination and sexual harassment lawsuits. These verdicts stress the importance for...more

5/10/2013 - Disability Discrimination Discrimination EEOC Hostile Environment Jury Verdicts Sexual Harassment Workplace Violence

Another NLRB Ruling Protects Employee Social Media Complaints Regarding Supervisors

The National Labor Relations Board (NLRB) continues to send a strong message to employers that the right of both union and nonunion employees to engage in protected concerted activity extends to social media communications....more

5/8/2013 - Employer Liability Issues NLRB Protected Concerted Activity Social Media Supervisors

California Employers, Bite Your Tongue: Oral Communications May Give Rise To Privacy Claim

The California Court of Appeals held in Ignat v. Yum! Brands, Inc., +214 Cal. App. 4th 808 (2013), that an employee may file an action against an employer for the public disclosure of private facts about the employee even if...more

5/1/2013 - Employer Liability Issues Public Disclosure Public Disclosure of Private Facts Right to Privacy

Courts Hold Employers In Contempt For Violating EEOC Settlement Agreements

Employers that ignore consent decrees (court-approved settlement agreements) may be held in contempt of court and subject to additional fines, sometimes totaling $1,000 for each day of noncompliance. Recent contempt orders by...more

4/30/2013 - Consent Decrees Contempt EEOC Settlement

Utah Enacts Internet Employment Privacy Law

Utah has joined California, Illinois, Maryland and Michigan in enacting legislation to protect the online privacy of employees and/or job applicants....more

4/25/2013 - Job Applicants Privacy Policy Workplace Privacy Act

New Mexico Passes Social Media Privacy Act

New Mexico has joined California, Illinois, Maryland, Michigan and Utah in enacting legislation to protect the online privacy of job applicants....more

4/24/2013 - Internet Privacy Protection Acts Job Applicants Privacy Policy Social Media Social Media Privacy Act

New Virginia Law Protects Employees' Personal Identifying Information

Effective July 1, 2013, Virginia employers will be prohibited from releasing or communicating any personal identifying information of any current or former employee to a third party unless required by a court order, by a...more

4/15/2013 - Personally Identifiable Information Personnel Records

Utah Legislature Passes Internet Employment Privacy Law

Utah may be the next state to join the ranks of California, Illinois, Maryland and Michigan in prohibiting employers from requesting or requiring employees or job applicants to disclose their personal internet and social...more

4/3/2013 - Hiring & Firing Internet Employment Privacy Act Job Applicants Passwords Social Media

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more

4/1/2013 - ADEA Age Discrimination Discrimination EEOC Equal Protection Fourteenth Amendment SCOTUS Split of Authority Title VII

Domestic Violence Victims Emerging As A New Protected Class

Domestic violence, sexual assault and stalking can impact the health, productivity and performance of victims, resulting in a loss for employers of those victims. To help prevent these issues from negatively affecting the...more

3/15/2013 - Discrimination Domestic Violence EEOC Reasonable Accommodation VAWA

OFCCP Abandons 'Cookie Cutter' Approach To Investigating Federal Contractor Discriminatory Pay Practices

The Office of Federal Contractor Compliance (OFCCP) has adopted new policies and procedures that will make it easier for its compliance officers to uncover pay discrimination among federal contractors....more

3/4/2013 - Contractors Discrimination OFCCP Title VII Wages

Phoenix Now Prohibits Sexual Orientation, Gender Identity And Disability Discrimination

Arizona employers take note - the Phoenix City Council has passed a measure prohibiting employers from discriminating against lesbian, gay and transgender individuals, as well as individuals with disabilities. The Ordinance...more

3/1/2013 - Anti-Discrimination Policies Disability Discrimination LGBT

"Bumpy" Road Ahead: A Prudent Employer's Guide To Pregnancy Discrimination Laws

When an employee announces her pregnancy, a prudent employer should proceed cautiously because a bumpy road lies ahead as legislators and policymakers at the state and federal level push for greater protection for pregnant...more

3/1/2013 - ADAAA Disability EEOC FEHA PDA Pregnancy Pregnancy Discrimination Pregnant Workers Fairness Act

Sequestration May Impact Federal Contractors

If Congress and the White House do not reach a deal on the sequestration, employers with federal contracts should be prepared to take immediate action to deal with drastic cuts in government spending that will result....more

3/1/2013 - American Taxpayer Relief Act Budget Control Act of 2011 Collective Bargaining Contractors Discrimination Employee Benefits Non-Immigrant Visas Required Documentation Sequestration Termination Unemployment Insurance Unions Wage and Hour WARN Act

Take A Deep Breath: Employers May Conduct Random Alcohol Tests

A district court in Pennsylvania held that an employer may require probationary employees in safety sensitive positions to undergo random alcohol testing without violating the Americans with Disabilities Act (ADA) if it can...more

2/26/2013 - ADA Alcohol Testing Disability Discrimination EEOC False Positive Probationary Employees Safety Precautions Termination

Sexual Harassment Settlement Provides Valuable Lessons For Transportation Employers

Because the trucking industry is a male-dominated industry in which women remain a minority, transportation employers have frequently encountered sex harassment and sex discrimination lawsuits. Although the Equal Employment...more

2/18/2013 - Class Action EEOC Settlement Sex Discrimination Sexual Harassment Trucking Industry

Mixed Motive Case Provides Mixed Results For California Employers

In Harris v. City of Santa Monica, +2013 Cal. LEXIS 941 (2013), the California Supreme Court considered a mixed motive discrimination case in which an employer had both lawful and unlawful reasons for terminating an employee....more

2/13/2013 - Adverse Employment Action Attorney's Fees Damages Declaratory Relief Discrimination FEHA Hiring & Firing Injunctions Mixed Motive Cases Pregnancy Discrimination Protected Class Retaliation Title VII

Social Media Privacy Bills Proposed From Coast (Maine) To Coast (Washington)

From coast to coast and in the nation's capital, legislators continue to push for laws protecting the social media privacy of employees and applicants....more

2/12/2013 - Passwords Social Media Social Networking Online Protection Act

Recent Lawsuits Highlight Common Discrimination Issues For Retail Employers

Retail employers, whether a large nationwide chain or a small mom-and-pop shop, often face a wide variety of discrimination and harassment claims because they frequently deal with a workforce that is young, is diverse and may...more

2/8/2013 - America's Thrift Stores Discrimination EEOC Finish Line Harassment Hotchkiss Retail Market Retaliation

Prior Romantic Tryst Does Not Make Harassing Conduct 'Welcome'

With Valentine's Day around the corner, many employees may have romance on the brain - and a fellow employee or even a supervisor or subordinate may be the target of their affection. An employer has plenty of reasons to...more

2/8/2013 - Sexual Harassment Workplace Romances

Trucking Company Pays $200,000 For Race Harassment

The transportation and trucking industry - which has traditionally employed mostly white males - has long been hit with discrimination claims based on race, sex, disability and other protected classes. A recent jury award...more

2/7/2013 - Discrimination EEOC Race Race Discrimination Trucking Industry

EEOC Provides Useful Guidance On Mandatory Flu Vaccinations And Reasonable Accommodations

In the midst of the flu pandemic, many health care employers are requiring employees to receive flu vaccinations. However, a number of workers have protested, claiming that they are entitled to an accommodation based on...more

2/4/2013 - Disability Disability Discrimination Discrimination EEOC Flu Shot Rule Independent Contractors Pregnancy Discrimination Reasonable Accommodation Religious Discrimination Students Title VII Undue Hardship Vaccinations Volunteers

Equal Pay Still A Hot Issue: Fair Pay Act Reintroduced In Congress

In a year in which equal pay looks to be hot issue, the Fair Pay Act (S. 168, H.R. 438) was reintroduced in Congress in both the House and the Senate by Rep. Eleanor Holmes Norton (D-DC) and Senator Tom Harkin (D-IA)...more

1/31/2013 - Discrimination Fair Pay Act FLSA Gender Pay Equity Gender-Based Pay Discrimination Paycheck Fairness Act Racial Discrimination Sex Discrimination Wages

Supervisors And Managers May Be Held To Higher Conduct Standards

The 6th Circuit Court of Appeals has held that an employer can hold supervisors and managers to higher standards of conduct than rank-and-file employees....more

1/30/2013 - Cracker Barrel Discrimination Racial Discrimination Reverse Discrimination Supervisors Title VII Vance v. Ball State University

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