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Landmark Supreme Court Ruling Guarantees LGBTQ+ Workplace Protections

On June 15, and just in time for LGBTQ+ Pride month, the U.S. Supreme Court issued a landmark decision holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual...more

Philadelphia Wage History Ordinance Green-Lighted

On February 6, 2020 the U.S. Court of Appeals for the Third Circuit upheld a Philadelphia pay equity ordinance banning employers from inquiring into prospective employees’ prior pay or relying on prior pay in making...more

Up in Smoke: New York City Bans Pre-Employment Drug Testing for Marijuana

Effective May 10, 2020, New York City employers may no longer test prospective employees for marijuana and tetrahydrocannabinols (THC), the active ingredient in marijuana. ...more

New York City: Employment Actions Based On Hairstyle May Be Unlawful Race Discrimination

On February 18, 2019, the New York City Commission on Human Rights (NYCCHR) announced new enforcement guidance deeming certain actions taken based on an individual’s hair or hairstyle – whether at work, at school, or in...more

“I’m Not Throwing Away My [P]ot”: Delaware Court Upholds Medical Marijuana User’s Claims Against Employer

In Chance v. Kraft Heinz Foods Company, a Delaware state court recently held that a private cause of action exists under the state’s Medical Marijuana Act (DMMA) and confirmed that the federal Controlled Substances Act (CSA)...more

FCRA Developments: Updated Summary of Rights & “Stand-Alone” Disclosure Need Not Be Separate In Time

Employers across the country should dust off their background check policies and forms and be mindful of recent developments related to the federal Fair Credit Reporting Act (FCRA)....more

Connecticut Employer’s Defenses on Medical Marijuana User’s Discrimination Claim Go Up in Smoke

A federal court in Connecticut recently granted summary judgment to a prospective employee on an employment discrimination claim brought under Connecticut’s Palliative Use of Marijuana Act (PUMA)....more

NYC Harassment Poster And Notice Released

The New York City Commission on Human Rights has released the Fact Sheet and mandatory Notice referenced in the recent Stop Sexual Harassment in NYC Act (the “Act”). ...more

Connecticut Soon to Join The Prior Salary Ban(dwagon)

Connecticut Governor Dannel Malloy is poised to sign into law the Act Concerning Pay Equity bill, which has been passed by both the Connecticut House and Senate General Assembly. ...more

New Lawsuit Alleges Rush to Judgment in #MeToo Climate

Newton’s Third Law of Physics states that “for every action, there is an equal and opposite reaction.” A recent Complaint filed in the Southern District of New York suggests that this principle may also hold true for the...more

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...more

Salary History Becomes a Thing of the Past in New York City

On April 5, 2017, the New York City Council passed an amendment to the New York City Human Rights Law prohibiting employers or their agents from inquiring about the salary history of an applicant. The law also restricts an...more

Cat’s Paw Making New Tracks: Second Circuit Extends Cat’s Paw Principle to Retaliation Claims and to Low-Level Employees

The “cat’s paw” doctrine, a concept first coined by Seventh Circuit Judge Richard Posner in 1990 and adopted by the Supreme Court in 2011, applies when an employee is subjected to an adverse employment action by a decision...more

The Commission Speaks: Guidance for Employers Regarding the New York City Fair Chance Act

On June 29, 2015, New York City Mayor Bill de Blasio signed into law the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of certain job applicants in the initial stages of...more

NYCCHR’s Enforcement Guidance on NYC Credit Check Law: Answers and New Questions

On September 2, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued Enforcement Guidance (Guidance) on the New York City Stop Credit Discrimination in Employment Act (SCDEA), which took effect on...more

“Unpredictable and Potentially Messy”?: NLRB Ruling Could Complicate Employers’ Workplace Investigations

In its June 26 split decision in American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers- West, 362 N.L.R.B. No. 139 (Case No. 32-CA-063475) (“Piedmont...more

New York City “Bans the Box”—Inquiries Into Applicants’ Criminal Histories Now Significantly Restricted

On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application...more

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances. The bill, which is expected to be...more

Third Circuit Issues First Appellate Decision Compelling Arbitration of Dodd-Frank Whistleblower Claim

In Khazin v. TD Ameritrade, No. 14-1689, 2014 WL 6871393 (3rd Cir. Dec. 8, 2014), the Third Circuit affirmed a lower court’s decision compelling arbitration of a Dodd-Frank whistleblower retaliation claim. This is the first...more

EEOC Gets Schooled: Court Expels Challenge to College’s Separation Agreements

For the second time in less than two months, a federal district court judge has dismissed a U.S. Equal Employment Opportunity Commission (EEOC) challenge to an employer’s separation agreement due to the agency’s failure to...more

U.S. Supreme Court Adopts a Narrow Definition of a Supervisor in Harassment Claims

Resolving a split among the circuits, the U.S. Supreme Court held that a “supervisor” for Title VII harassment liability is limited to those who have the power to take a tangible employment action against the alleged victim...more

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