Civil Rights Updates

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Employment Law - February 2016

In Equal Pay Push, EEOC to Collect Pay Data From Employers - Why it matters - On the anniversary of the Lilly Ledbetter Fair Pay Act, President Barack Obama announced that the Equal Employment Opportunity Commission...more

HHS OCR Issues Rule Modifying HIPAA In Effort To Fight Gun Violence

On January 4, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued a rule modifying the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule to expressly...more

Top 5 Legal Considerations for FinTech Advertising

The growth and expansion of FinTech service providers nationally and internationally over the last five years is reshaping the financial landscape. This evolution includes differentiation in how financial products are...more

Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act

Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined...more

Helpful Policies To Address Office Romances This Valentine’s Day

They say that “love is in the air” around Valentine’s Day, but companies should avoid breathing it in too deeply. Because office romances are prevalent, employers should take proactive steps to reduce the liability of such...more

This Valentine's Day, Telling Your Employees "I Love You" Could Get You Sued

Of all the heartfelt gestures you can make this Valentine’s Day – sending roses, a box of chocolates, or even just a greeting card – perhaps nothing means more than simply saying “I love you.” But an employer who did just...more

[Event] Stay Ahead: Nossaman's 2016 Emerging Employment Issues - Feb. 25th, Costa Mesa, CA

Please join us for this complimentary presentation on cutting-edge employment law issues! California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and...more

EEOC’s New Reporting Requirements May Add to Employers’ Burden, Liability

On February 1, 2016, the Equal Employment Opportunity Commission (EEOC) announced plans to expand EEO-1 reporting requirements, beginning in 2017, to include compensation information for employers of 100 or more employees....more

OFCCP’s New Pay Transparency Rule: Are You Prepared?

As we reported in a previous blog post, the Office of Federal Contract Compliance Programs (“OFCCP”) Final Rule implementing Executive Order 13665 (titled Non-Retaliation for Disclosure of Compensation Information) took...more

NJ High Court Declines to Review “Borgata Babes” Case, Effectively Doubling Down on Appellate Court’s Acceptance of Atlantic City...

The BorgataBabes Are Subject to Specific Personal Appearance Standards - The Borgata, which when it opened in 2003, marketed itself as Atlantic City’s first Las Vegas-style resort and distinguished itself in the...more

EEOC’s Proposed Retaliation “Guidance” Muddies the Waters for Employers

For the first time in 18 years, the Equal Employment Opportunity Commission (EEOC) has offered proposed revisions to its official guidelines on workplace retaliation. In its proposed revisions, the agency expresses a very...more

Proposed EEO-1 Pay Data Requirement Will Increase Risks and Burdens

The United States Equal Employment Opportunity Commission (EEOC) just announced a proposal to require large employers to provide pay data in the EEO-1 reports submitted annually to the government. While the proposal is...more

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal...more

Are You Training Your Teachers on Trauma-Informed Practices?

The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma...more

Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of...more

New EEOC Equal Pay Reporting Proposal

On January 29, 2016, the seventh anniversary of the Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission (EEOC) announced its proposed addition of pay data to currently required EEO-1 reports. The...more

National Federation for the Blind Will Pay $25,000 to Settle EEOC Religious Accommodation Lawsuit

Advocacy Group Fired Employee Who Requested Off on His Sabbath, Federal Agency Charged - BALTIMORE - The National Federation of the Blind (NFB), the largest organization of blind and low-vision people in the United...more

CFPB Issues Guidance, and a Warning, to Institutions Reporting to Specialty CRAs

On February 3, 2016, in conjunction with a Field Hearing held the same day concerning deposit accounts, the Consumer Financial Protection Bureau (CFPB) issued a compliance bulletin on the duties of furnishers of information...more

Fair Lending Year in Review – 2015

2015 was an action-packed year for fair lending, including a long-anticipated Supreme Court decision on disparate-impact claims under the Fair Housing Act (“FHA”), record-breaking redlining settlements, a new round of...more

Randstad Will Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Temporary Agency Refused Job to Laborer Because She Was in a Medically Supervised Drug Rehabilitation Program, Federal Agency Charged - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP, will pay...more

Employment Law Navigator – Week in Review: February 2016 #2

We’ve written a lot about employee health data and the inherent risks of requesting and maintaining this sensitive information. Last week, Forbes published a post arguing that employee health data could be the next business...more

Eye-Popping Verdict For “The Little Guy” Against Wal-Mart

Last week, a federal jury (after only 3 hours of deliberation) awarded a Walmart female pharmacist... wait for it... $31 MILLION! Maureen McPadden, a 13-year Wal-Mart pharmacist, brought an action alleging retaliatory...more

Employers May Face Significant Changes to Federal EEO-1 Reporting Requirements

On February 1, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed revisions to the Employer Information Report (EEO-1) for private employers or government contractors with 100 or more employees. See 81...more

CFPB and DOJ Enter Fourth Enforcement Order Against Indirect Auto Lender Based On Discriminatory Loan Pricing Policies

On February 2, the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) announced entry of a consent order against Toyota Motor Credit (TMC), the U.S. financing arm of Toyota Motors' subsidiary Toyota...more

Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate...

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the...more

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