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New York City Expected to Ban the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council passed an amendment (“Amendment”) to the New York City Human Rights Law (“NYCHRL”) that, if signed into law, would make it an unlawful discriminatory practice for employers to use...more

NYC Ban on Use of Credit Checks in Employment Decisions Moves to Mayor’s Office for Signature

On April 16, 2015, the New York City Council voted overwhelmingly to amend the city’s Human Rights Law to prohibit employers from using an individual’s consumer credit history to make employment decisions. While the bill...more

Health Care Update - April 2015 #2

In This Issue: - With SGR Behind Us, Delivery Reform Up Next - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Congressional Initiatives - Other Health...more

Out With the Old and in With the New…Guidance

During a Summit on Disability and Employment in February of this year, the White House announced the release of a new guide entitled Recruiting, Hiring, Retaining, and Promoting People with Disabilities, A Resource Guide For...more

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances. The bill, which is expected to be...more

U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

Transgender Rights in the Workplace: A Guide for Employers to Protect Against Harassment & Discrimination

Last week, President Obama signed an executive order banning discrimination against gay or transgender federal employees and contractors. On the same day, the first gender-neutral bathroom became available in the White House....more

It May Not be a Matter of 'If,' but 'When' for Private Employers in the Commonwealth -- Virginia 'Bans the Box' for Many State...

On April 3, Virginia Governor Terry McAuliffe issued Executive Order #41, thereby adding Virginia to the growing list of jurisdictions (including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois,...more

New OFCCP Regulations Protecting LGBT Workers Now In Effect

As you may recall, last July, President Obama signed an Executive Order prohibiting federal contractors and subcontractors from discriminating on the basis of sexual orientation and gender identity. While many large federal...more

Weekly Update Newsletter - April 2015

GOVERNMENT CONTRACTS - GSA and HHS Issue a Notice Regarding Conducting a National Dialogue To Reduce Reporting Compliance Costs for Federal Contractors and Grantees - The General Services Administration (GSA)...more

Indiana Religious Freedom Restoration Act will not be used as a Tool for Discrimination

On April 2, 2015, the Indiana General Assembly passed, and the Governor signed, an amendment to the controversial new Indiana Religious Freedom Restoration Act ("Indiana RFRA") that explicitly prevents the statute from being...more

President Obama Urged to “Ban the Box” for Federal Contractors

In a letter this past week, nearly 200 interest groups urged President Obama to issue an executive order “banning the box” for federal contractors and to implement other “fair chance” hiring reforms protecting ex-offenders....more

Supreme Court Update: Alabama Legislative Black Caucus v. Alabama (13-895), Young v. United Parcel Service, Inc. (12-1226) And...

We're back with summaries of the two remaining decisions from last week, Alabama Legislative Black Caucus v. Alabama (13-895), on racial gerrymandering in Alabama, and Young v. United Parcel Service, Inc. (12-1226),...more

Tennessee General Assembly Settles Debate Over Guns-in-Parking-Lots Law

We’ve previously written about the well-publicized guns-in-parking-lots law and the confusion over whether the law impacts the employer-employee relationship. The law was passed in 2013 to allow employees with handgun carry...more

Congressional Hearing Highlights Concerns Over President's New Federal Contractor Reporting Requirements

Republicans and business groups continued to criticize the aggressive regulatory initiatives in President Obama's Executive Order 13673 (EO13673) at a recent House joint subcommittee meeting last month. ...more

The White House's So-Called "Black List" Order Aims to Deny Federal Contracting with Companies Not in Compliance with Federal...

In July 2014, President Obama issued an Executive Order dubbed the Fair Pay and Safe Workplaces order that, once implemented, will allow the government to deny a company a contract if it or certain subcontractors violated –...more

Keep an Eye on Executive Orders and Presidential Memoranda for Key Employment Initiatives in 2015

With Republicans in control of both the Senate and the House of Representatives, the showdown between President Obama and Congress on the labor and employment front promises to continue into 2015. Expect to see the...more

Utah Legislature Expands Antidiscrimination Laws to Address LGBT and Religious Rights

Last night, the Utah House passed landmark legislation (the "Act") already approved by the Senate that modifies Utah's antidiscrimination and fair housing acts to provide protection for lesbian, gay, bisexual, and transgender...more

Utah Legislators Make History, Pass LGBT Antidiscrimination/Religious Freedom Bill

Utah legislators made national headlines last night when they approved a bill providing antidiscrimination protections to LGBT employees coupled with protections for religious expression in the workplace. Titled the Utah...more

Federal Air Marshal Could Proceed With Whistleblower Lawsuit

Robert J. MacLean became a federal air marshal for the TSA in 2001. In that role, MacLean was assigned to protect passenger flights from potential hijackings. In July 2003, the Department of Homeland Security issued a...more

Video Interview: Discussing the Ramifications of Extending FMLA Rights to Same-Sex Couples

On Tuesday night, the Alabama Supreme Court ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples. Last month, a U.S. federal judge in Alabama ordered an Alabama official to issue marriage...more

Latest Developments from the Connecticut General Assembly: March 3 and 6 Public Hearings

As promised previously, we will be keeping you up to date with developments in the General Assembly. A. On Tuesday, March 3, 2015, the General Assembly’s Labor and Public Employees Committee will conduct a public...more

How Employers Need to Address New Individuals or Identities in the Workplace

On November 20, 2014, President Obama announced an Immigration Accountability Executive Action that, among other things, provides new or expanded immigration benefits to certain unauthorized immigrants. The expanded Deferred...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2015

HIPAA in the Workplace - In late 2013, the Office of Inspector General issued a report critical of the Office of Civil Rights’ enforcement of the Health Insurance Portability and Accountability Act. OCR enforcement of...more

Administration Submits Proposal To Increase OFCCP Budget For FY2016

On February 2, President Obama released his fiscal year 2016 budget proposal. The proposed budget includes nearly $113.7 million in annual appropriations to the Department of Labor’s Office of Federal Contract Compliance...more

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