Mark W. Berry

Mark W. Berry

Davis Wright Tremaine LLP

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Supreme Court Clarifies Test for Accommodating Pregnancy Limitations

The United States Supreme Court recently established a new test to evaluate whether an employer discriminates against a pregnant employee under the Pregnancy Discrimination Act (PDA) when it denies an accommodation or...more

4/3/2015 - Disparate Treatment EEOC Enforcement Guidance PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

SOX Whistleblower Protections Now Cover Employees of Private Contractors

Until this month, the onerous (for employers) anti-retaliation protection in Section 1514A of the Sarbanes-Oxley Act (SOX) only applied to employees of publicly traded corporations. But, in a widely reported decision, Lawson...more

3/17/2014 - Contractors FMR LLC Lawson v FMR Sarbanes-Oxley Subcontractors Whistleblower Protection Policies Whistleblowers

Seattle’s Criminal Background Check Ordinance and New Rules Take Effect Nov. 1, 2013

Seattle’s new criminal background check ordinance goes into effect Friday, Nov. 1, 2013. In anticipation, the Seattle Office for Civil Rights (“SOCR”) recently issued rules implementing the new law. The ordinance restricts...more

10/30/2013 - Criminal Background Checks Criminal Records

Seattle City Council Enacts Controversial and Restrictive Criminal Background Check Ordinance

On June 10, 2013, the Seattle City Council passed an ordinance significantly restricting private employers’ ability to rely on criminal background checks to screen applicants for jobs in the City of Seattle. If Mayor McGinn...more

6/12/2013 - Adverse Employment Action Criminal Background Checks Hiring & Firing Job Applicants Local Ordinance Municipalities

Decriminalization of Marijuana – Impact on Washington Employers?

On Nov. 6, 2012, Washington voters approved Initiative 502 (“I-502”), which decriminalizes certain cultivation, sale, possession, and use of marijuana. The new law—which becomes effective Dec. 6, 2012—establishes a complex...more

11/13/2012 - Marijuana Medical Marijuana

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