Civil Rights Updates

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Massachusetts Nearing Enactment of Sweeping Pay Equity Legislation

Continuing a trend, Massachusetts is poised to implement major changes to its equal pay laws. Following the lead of California, New York, and Maryland, which each enacted expansive equal pay laws in the last few months,...more

DOJ Extends Comment Period for ADA Title II SANPRM, Cites Impact on Title III Rule

Seyfarth Synopsis: DOJ announced today an extension to October 7, 2016 for the public to submit comments on the SANPRM for state and local government websites. In May of this year the Department of Justice surprised us...more

High Speed Hiring: The Importance of Anti-Discrimination Practices in Online Employment Advertising

There are currently more than 1 billion websites accessible to the world by just the click of a mouse or the swipe of a phone screen. The Internet has become a major part of more than 3 billion active users everyday lives,...more

Poor Policy Publication Revives Sexual Harassment Suit in the Fifth Circuit

Maintaining a company anti-harassment policy on a bulletin board and website is not enough to avoid liability for sexual discrimination according to a recent decision. On July 20, 2016, the Fifth Circuit Court of Appeals...more

Banks Appeal Fair Housing Act Case to Supreme Court

In September 2015, the Eleventh Circuit ruled that the City of Miami had sufficient standing to sue Bank of America and Wells Fargo over lending practices that were alleged to be racially discriminatory. On June 28, 2016,...more

Political discrimination and accommodation in the workplace

The British Columbia Human Rights Code prohibits discrimination against employees because of their political beliefs. At the same time, employees are bound by the duty of loyalty to their employers. What happens, then, when...more

Rastafarian request for female-only support workers not justified by creed

The Ontario Human Rights Tribunal has denied a request for accommodation by a Rastafarian man who claims that female-only support workers were required by his creed. The decision, Lionel Barker v St. Elizabeth Health Care,1...more

Employee Benefits Developments - July 2016

Section 409A of the Internal Revenue Code (“Section 409A”) generally provides that, if a plan providing for deferred compensation fails to comply with Section 409A, either in form or in operation, then all amounts deferred...more

Certificados de incapacidad por maternidad: Nuevas normas operativas para su expedición

Recientemente, el Instituto Mexicano del Seguro Social (en adelante IMSS) publicó a través de su página de internet la Circular 10/10 por medio de la cual se dieron a conocer nuevas normas operativas para la expedición de...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: July 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the release of the third, and likely final, draft of the World...more

Employment Law - July 2016 #2

Take Two: EEOC Amends Pay Data Collection Proposal - Why it matters - Tweaking its initial plan, the Equal Employment Opportunity Commission (EEOC) released an updated proposal about the collection of pay data from...more

Protected conversations and admissibility as evidence

It is commonplace for employers to enter into settlement negotiations with their employees prior to termination of their employment. Where there is a genuine dispute at the heart of the negotiations, it is well established...more

Court rules unauthorized absence justifies firing

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more

Massachusetts Adds Teeth to Equal Pay Obligations

On July 23, 2016, the Massachusetts Legislature passed the Act to Establish Pay Equity (the “Act”). The stated purpose of the Act is to increase wage transparency and bridge the gender gap with regard to wages. Governor...more

Pregnancy Protections Under NYC Law – Not Limited to Just “Pregnancy”

As most NYC employers have probably heard by now, in May of this year, New York City released guidance that defines violations of pregnancy protections under the NYC Human Rights Law, and provides clear(er) examples of when...more

Mexico: New Maternity Leave Regulations

The Mexican Social Security Institute (“Instituto Mexicano del Seguro Social,” hereinafter “IMSS”) recently published Circular 10/16 to announce new regulations for the issuance of maternity leave certificates.  These...more

Relief in Sight for New York Nonprofits with Prospect of Additional Amendments to the Nonprofit Revitalization Act of 2013

On June 16, 2016, the New York Legislature passed A10365-B approving further changes to the Nonprofit Revitalization Act (the “Revitalization Act” or “Act”), including major changes to the rules on independent directors and...more

ASDA equal pay claims

On Monday 20 June 2016, a seven-day hearing began in the largest private sector equal pay claim ever brought. It is estimated that the claim, if successful, could cost ASDA over 100 million pounds. It could also have...more

DMEC Conference Focuses on Leaves and Reasonable Accommodation

Last week, the Disability Management Employer Coalition held its annual conference in New Orleans. The conference focused on how employers can bring individuals with disabilities into the workplace and manage their needs once...more

Cleveland Law Allows Transgender Employees to Use Restroom Associated With Gender Identity

Companies in Cleveland, Ohio, now must permit transgender employees and patrons to use the bathrooms, showers, locker rooms, and dressing facilities associated with the individual’s gender identity or...more

Employers Wrestling with Discrimination, Workplace Violence and Third Party Vendor Issues, Survey Shows

The winds of social change, the threat of violence in the workplace, and shifting regulations governing workers and third parties are all weighing heavily on employers’ minds. That’s according to a survey of more than 800...more

Transgender Student Files First Discrimination Suit Against Wisconsin School District

Last Tuesday, the Kenosha Unified School District (“KUSD” or “the District) became the first Wisconsin school district to be sued under federal law by a transgender student alleging the District and its representatives have...more

Nabors Industries and C&J Energy Services Sued By EEOC for Racial Harassment and Retaliation

Oilfield Services Company Subjected Black Employees to Slurs and Mistreatment and Then Fired Employees for Reporting the Discrimination, Federal Agency Charged - SAN ANTONIO, Texas - Bermuda-based oilfield services...more

Sealed Air Sued By EEOC for Sex-Based Pay and National Origin Discrimination

Federal Agency Charges Sealed Air Corp., d/b/a Kevothermal LLC, Paid Female Production Supervisor Less Than Male, Imposed Language Restriction - Albuquerque, NM. -Sealed Air Corporation, a protective packaging business,...more

Second Circuit Rejects Argument That Arbitration Clause Was Void Due To Inability To Vindicate Rights Under Title VII And ADA

The Second Circuit recently affirmed in relevant part, an order compelling arbitration of claims under Title VII and the Americans with Disabilities Act in connection with the termination of the plaintiff’s employment. The...more

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