Civil Rights Updates

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Website Accessibility Regulations Delayed Again! (For At Least Three Years!!)

In a surprise announcement with major repercussions for businesses and their websites, on November 19, the Department of Justice (DOJ) announced in its Fall 2015 Statement of Regulatory Priorities that it is delaying—by at...more

Blog: House Hearing On Conflict Minerals Rule: A Mixed Bag

At a hearing last week before a subcommittee of the House Financial Services Committee, the members heard testimony regarding the Dodd-Frank conflict minerals provision. The Chair expressed concern that the provision was...more

Be Thankful You’re Not An Employment Law Turkey

Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

Significant Changes to New York Laws On Pay Equity, Transgender Protection, and Wage Payments

New York Governor Andrew Cuomo and the State Department of Labor (“DOL”) have taken several steps in recent weeks that will significantly affect employers throughout the State. These changes concern the rights of women in...more

Employers Face Exposure Under Title VII When Contracting For Temporary Workers

On November 18, 2015, the United States Court of Appeals for the Third Circuit allowed an employee of a temporary staffing agency to proceed with employment discrimination claims against a company to which the staffing agency...more

Extra Paperwork Triggers EEOC to File ADA Suit in South Carolina

The EEOC recently filed a disability discrimination suit in a South Carolina federal court (Equal Employment Opportunity Commission v. Correct Care Solutions, LLC). The complaint alleges that Correct Care Solutions, LLC,...more

Constitutionality of 8(a) Program Reaffirmed

Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an...more

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness...more

New York State Takes an Ax to the Workplace Glass Ceiling: New Legislation to Advance the Rights of Women and Transgender...

On October 21, Governor Cuomo signed into New York State law five bills aimed at eliminating discrimination against women in the workplace. These laws, which take effect on January 19, 2016, add new protected classifications...more

Recent Dodd-Frank Diversity and Inclusion Standards Developments

Regulated entities should be aware of two recent developments concerning the final diversity and inclusion standards issued this summer under Dodd-Frank Section 342 by the CFPB, OCC, Fed, FDIC, NCUA and SEC. Given that the...more

SEC Reports on Dodd-Frank Whistleblower Program

On November 16, the SEC’s Office of the Whistleblower (OWB) issued its 2015 annual report to Congress on its Whistleblower Program established pursuant to Dodd-Frank. According to the report, in Fiscal Year 2015, the OWB...more

Third Circuit Rules that Temporary Worker Assigned by Staffing Agency Can Bring Race Discrimination Claim Against Company Where He...

The Third Circuit’s decision should cause companies to review their relationships with temporary workers, assess the risk of their being viewed as joint employers and, if appropriate, restructure the relationships to minimize...more

Common-Law Employee, But No Contract

In Faush v. Tuesday Morning, Inc., No. 14-1452 (3d Cir. November 18, 2015), the court addressed race discrimination claims brought by a former temporary worker against the company he was assigned to assist. The plaintiff...more

Justice Department Delays Web Accessibility Regulations For At Least Three More Years, Leaving Businesses in Turmoil

In an astonishing move, the Department of Justice (DOJ) announced that it will not issue any regulations for public accommodations websites until fiscal year 2018—eight years after it started the rulemaking process with an...more

CFPB raising LGBT issues with supervised entities

We recently blogged about remarks made by Patrice Ficklin, Director of the CFPB’s Office of Fair Lending, at the American Bar Association’s Consumer Financial Services Institute. In her remarks, she stated that the CFPB is...more

Affirmative Action Update: Changes To Jurisdictional Thresholds Obligating Federal Contractors

The Federal Acquisition Regulatory (FAR) Council periodically makes adjustments to federal contracting jurisdictional thresholds to compensate for inflation. Last month, the threshold under Section 4212 (for protected...more

AFL “list management” – a polite term for age discrimination?

As the Australian Football League 2016 pre-season approaches, there is a lot of talk in the media about “list management” by clubs. This generally involves retiring or trading “older” players – usually over the age of 28....more

Employment Law Commentary - Volume 27, Issue 11, November 2015

Annual California Roundup - Another year and another round of legislative updates. California’s legislature continues to provide a rich source of law. This year the highlights include equal pay legislation, expanded...more

District Court Cuts The Cord To Cable Employees’ Discipline And Promotions Class Claims

In a new order issued on November 13, 2015 in Brand, et al. v. Comcast Corp., Case No. 11-CV-8471 (N.D. Ill. Nov. 13, 2015), a matter we have previously blogged on here, Judge Matthew F. Kennelly of the U.S. District Court...more

Eat, Drink and Be Wary...The Aftermath of Holiday Parties is Not So Merry

It's that time of year. Stores are playing holiday music on a non-stop loop, and peppermint-flavored coffee is being served in red cups. With the merriment of the holiday season, many employers celebrate the year's...more

Employment Law Navigator – Week in Review: November 24, 2015

Last week, the EEOC released its Fiscal Year 2015 Report, in which it describes 12 months of positive results. According to the report, monetary relief obtained for individuals was up, and the number of systemic charges of...more

Exploding Consumer Web Accessibility Litigation: Remember, Employees Use The Web Too

Seyfarth’s ADA Title III Specialty Team has reported extensively on the legal uncertainty surrounding the accessibility of businesses’ websites to individuals with disabilities. Today it reports that businesses’ long wait...more

UVA Fraternity Sues Rolling Stone Over “Rape On Campus” Story For $25 Million

Recently, the University of Virginia (“UVA”) chapter of the Phi Kappa Psi fraternity filed a lawsuit against Rolling Stone magazine in Virginia state court for $25 million alleging defamation in connection with its ‘A Rape on...more

Best Practices for Preventing Workplace Harassment Claims

A few weeks ago, the U.S. Equal Employment Opportunity Commission (EEOC) held its second public meeting in Los Angeles with a group of experts selected to serve on the EEOC’s Select Task Force on the Study of Harassment in...more

Missouri Appellate Court Upholds Disproportionate Punitive Award Against One Defendant, While Tossing Punitive Award Against...

As we noted in a post earlier this year, the Missouri courts seem to produce more than their fair share of opinions on punitive damages issues. About a year ago we wrote a post addressing the errors in the Missouri Supreme...more

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