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EEOC Welcomes New Director For the Pacific Northwest

Nancy Sienko Now at the Helm of Civil Rights Agency's Seattle Field Office - SEATTLE -- The U.S. Equal Employment Opportunity Commission (EEOC) this week welcomed Nancy A. Sienko as the new director of the agency's...more

SDNY Dismisses Extraterritorial SOX and Dodd Frank Whistleblower Claims

Failing to heed a powerful message from the Second Circuit, overseas plaintiffs are continuing to seek to pursue SOX and Dodd-Frank whistleblower claims. On September 30, 2014, the Southern District of New York in Ulrich v....more

Revocation of Ex-Convict’s Job Offer Did Not Violate State Law, Says PA Court

Pennsylvania, like many states, has restricted employer use of criminal history in hiring and other employment decisions. Under the Criminal History Record Information Act (CHRIA), Pennsylvania employers may “consider”...more

OCR Issues Guidance on Application of HIPAA Privacy Rule after Windsor

The U.S. Supreme Court's ruling that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor prompted many businesses to review and revise their employee benefit plans. However, the...more

Further Expanding An Already Expansive NJ Whistleblowing Law

Often touted as the most expansive state whistleblowing law in the U.S., New Jersey’s seemingly boundless Conscientious Employee Protection Act (“CEPA”) may get even broader. ...more

EEOC Dragged Through Texas Roadhouse

In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more

A whistleblower's age has no boundaries

The young boy who blew the whistle - Here's a new one. It's about a brave 12 year old who became a whistleblower. I wanted to share this one because as a mother myself, I try to teach my children about the greater...more

Judge in Chicago Dismisses EEOC Suit Challenging CVS Health’s Severance Agreements

As we reported earlier this year (EEOC Files Suit Over Separation Agreement Language), the Chicago District Office of the Equal Employment Opportunity Commission (EEOC) filed suit against CVS Pharmacy alleging that the...more

Eggs in the workplace

Eggs – human eggs, aka ova – have been in the news this week. First, it was announced that Facebook and Apple will begin offering insurance coverage for female employees to freeze their eggs for later fertilization and...more

Applicants & Employees Can Refuse to Disclose Expunged Criminal Records Under New Louisiana Law

A new Louisiana law that took effect on August 1 serves to prevent employers from inquiring into an applicant’s or employee’s expunged criminal records. The law does provide for certain exceptions such as where the position...more

Braun Electric to Pay $82,500 to Settle EEOC Sexual Harassment Suit

California Company Failed to Address a Sexually Hostile Work Environment Created by a Manager, Federal Agency Charged - FRESNO, Calif. - Bakersfield, Calif.-based Braun Electric Company will pay $82,500 and furnish...more

Pregnancy Is a Protected Characteristic Under the Florida Civil Rights Act

In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy....more

ARB Affirms Blacklisting Award To Whistleblower

The ARB upheld a damages award in favor of a whistleblower after his former employer purportedly “blacklisted” him by providing an apparently negative employment reference to a prospective employer. Timmons v. CRST Dedicated...more

EEOC Chair Yang Calls for Renewed Effort to Hire People with Disabilities

White House Celebrates 'Champions of Change' - WASHINGTON -- U.S. Equal Employment Opportunity (EEOC) Chair Jenny Yang spoke on Tuesday at a White House event celebrating "Champions of Change" who are doing...more

New Disclosure Rules Regarding Women on Boards to be Effective for 2015 Proxy Season

New disclosure rules regarding the representation of women on the boards and in senior management of public companies, and director term limits, will come into effect December 31, 2014. Disclosure will be required for...more

Philadelphia Requires Reasonable Accommodation of Nursing Mothers

On September 3, Philadelphia made it unlawful for an employer to fail to reasonably accommodate the need to express breast milk, where the accommodation does not impose an undue hardship. ...more

Three Key EEO Cases to Watch on the SCOTUS Docket This Term

The Supreme Court is set to weigh in on several key questions for employers this term related to employee discrimination. When does an employer have to accommodate a pregnant employee? How about a job applicant who wears a...more

Guidance for Employers Regarding Ebola

On September 30, 2014, the Centers for Disease Control and Prevention (CDC) confirmed the first travel-associated case of Ebola to be diagnosed in the United States. The patient died of Ebola on October 8. More recently, on...more

IRS Issues Final and Proposed Hybrid Plan Regulations

On September 19, 2014, the Internal Revenue Service ("IRS") released additional final regulations clarifying the rules regarding hybrid defined benefit pension plans. At the same time, the IRS also issued proposed regulations...more

Conn. Killer's Kosher Request Illustrates National Debate

A Muslim prisoner has taken Arkansas prison officials to the U.S. Supreme Court for refusing to allow him to grow a one-inch beard for religious purposes. In New Mexico, a prisoner sued corrections officials for not allowing...more

A whistleblower's battle over beer

(Got your attention?) Yep, you read that right... beer - One often thinks of bribery and corruption happening in major, high profile organizations (Enron, WorldCom, Tyco). Those are certainly the first I think of...more

Former OSU Band Director Files Title IX Lawsuit After Being Terminated By University

Over the past year, an exceptional number of colleges and universities have been accused (by both complainants and alleged wrongdoers) of mishandling complaints of sexual assault and sexual harassment in violation of Title...more

FINRA Reminds Anti-Whistleblower Provisions Are Not Permitted in Settlement Agreements

FINRA has published a regulatory notice where it reminds firms that it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to include confidentiality provisions in settlement agreements...more

Springfield Employers Take Note: City Council Adds Sexual Orientation and Gender Identity to List of Protected Classes

On October 13, the Springfield, Missouri City Council, on a vote of 6-3, approved a bill expanding the city’s non-discrimination ordinance to include sexual orientation and gender identity as protected classes. Council...more

What Employers Need to Know - Requests for Medical Information and the Genetic Information Nondiscrimination Act: Avoiding a...

The Genetic Information Non-discrimination Act took effect in November 2009. It should also be noted that many States, including Maryland, have separate statutes prohibiting the acquisition of genetic information and...more

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