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An overview of Bill S-201: An Act to prohibit and prevent genetic discrimination

On May 3, 2016, Bill S-201, An Act to prohibit and prevent genetic discrimination, was given its first reading in the House of Commons. Originally introduced and recently passed in the Senate as a private Member’s bill, the...more

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an...more

Supreme Court Decides Foster v. Chatman

On May 23, 2016, the United States Supreme Court decided Foster v. Chatman, No. 14-8349, holding that it was clearly erroneous for a state habeas court to decide that a criminal defendant failed to show purposeful...more

Supreme Court Update: Green V. Brennan (14-613), Wittman V. Personhuballah (14-1504) And Foster V. Chapman (14-8349)

Three more decisions this morning—Green v. Brennan (14-613), holding that the 45-day limitations period for a constructive-discharge action under Title VII begins to run after the employee gives notice of his resignation;...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

Why Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell

Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help...more

No Knocking Necessary: Court Rules EEOC Can Enter Employer’s Premises Without Warrant Or Consent

Seyfarth Synopsis: Court ordered enforcement of the EEOC’s subpoena and authorized the Commission to conduct an on-site investigation without the employer’s consent. The EEOC has conducted on-site inspections of...more

Fourth Circuit Holds that “Sex” Under Title IX Incorporates Gender Identity

Seyfarth Synopsis: The Fourth Circuit in a case of first impression held that Title IX entitles transgender students to use the bathroom that matches their gender identity. Though that ruling only discusses Title IX, the...more

Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under...more

April 2016: Five Biggest Labor And Employment Law Stories

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, here is a quick review of the five biggest stories from last month that all employers...more

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

Vote YES! for Compliance: An Election Law Refresher for California Employers

Seyfarth Synopsis: Under California law, employers have a part to play in protecting employee voting rights and other political activity. What follows is a short reminder of employer duties and obligations. With the...more

Massachusetts High Court Examines Disparate Impact Theory in Light of Recent Supreme Court Decision

A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more

Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court

On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was...more

Fourth Circuit Holds That Title IX Protection Extends to Transgender Restroom Access

On April 19, 2016, the United States Court of Appeals for the Fourth Circuit, in a highly publicized decision, issued a ruling which addresses the rights of transgender students under Title IX of the Education Amendments Act...more

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

Sixth Circuit Rules that the "Deliberate Indifference" Standard Still Matters in Title IX Harassment Litigation

In Stiles v. Granger County Board of Education, the United States Sixth Circuit Court of Appeals affirmed dismissal of a Title IX lawsuit against a public school district because the alleged victim of harassment and bullying...more

Not all Expressions of Purported Religious Beliefs are Protected by the First Amendment, Cavanaugh v. Bartelt, Docket No....

The Dismissal of Federal and State Civil Right Claims - Federal District Court Declines to Protect the Church of the Flying Spaghetti Monster [FSM] - In an entertaining, thoughtful, and well-reasoned decision the...more

After Second Thought……..North Carolina Governor Signs Executive Order Rolling Back Portions of Controversial Law

Just weeks after he signed HB 2, which covered transgender bathroom access, on April 12, North Carolina Governor Pat McCory signed an Executive Order clarifying and apparently attempting to repeal certain aspects of the law. ...more

Bathroom Bills: What Employers Need To Know

Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the...more

Beyond the Bathroom: North Carolina’s H.B. 2 Also Flushes Local Employee Protections

The recent enactment of North Carolina’s H.B. 2, known as the “Public Facilities Privacy & Security Act” (the “Act”) has received widespread attention for its controversial restrictions on the use of certain...more

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Court Rejects End-Run of Medicare Appeals Rules

The Indiana Health Department sent a team to the Nightingale home health care and hospice group, in response to complaints. When CMS received the team’s report, it notified Nightingale that its Medicare certification was...more

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

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