Civil Rights Labor & Employment

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D.C.’s “Ban the Box” Law Takes Effect, OHR Issues Notice of Rights

D.C.’s Fair Criminal Record Screening Act of 2014 took effect on December 17. The new law prevents employers with 11 or more employees in D.C. from making any criminal inquiries on an initial employment application (i.e.,...more

Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

Justice Department Files Pregnancy Discrimination Lawsuit against the Chicago Board of Education

WASHINGTON - The Justice Department today announced the filing of a lawsuit against the Chicago Board of Education, alleging that the board discriminated against pregnant teachers at Scammon Elementary School by subjecting...more

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

The Employee Zone Of Privacy

Employers should recognize an employee’s zone of privacy in the workplace. Business owners and managers need to understand that while they have their employees’ attention for much of the workday, there are limits. An employer...more

Reminder – Immediate Action Required Under New Illinois Pregnancy Rights Provisions

On January 1, 2015, Illinois Human Rights Act amendments providing additional rights to pregnant employees will take effect. As previously mentioned, the law will require some immediate steps by employers....more

Watch Your Back: The Growing Threat of FCRA Background Check Class Actions

Class action suits against employers alleging a violation of the Fair Credit Reporting Act when using background checks performed by a credit reporting agency have more than tripled in 2014, with new cases continuing to be...more

Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal Judicial Interpretation Make USERRA Compliance a Battle

Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more

South Carolina Legislative Update

We appreciate you following our updates and hope they have proved of value throughout the year. The update below is the last one for 2014 and we look forward to providing you with updates on the extensive deliberations and...more

Three OSHA Rule Changes all Employers Need to Be Aware of Heading Into 2015

Effective January 1, 2015, two new rules will go into effect by the U.S. Department of Labor – Occupational Safety and Health Administration (OSHA) that will impact most all employers. One rule relates to recordkeeping and...more

Bright Petroleum, Inc. Shareholders/Officers to Pay $15,000 to Settle EEOC Retaliation Suit

Food Market Terminated Manager Who Filed Discrimination Charge, Federal Agency Charged - INDIANAPOLIS - Two shareholders/officers of the dissolved corporation Bright Petroleum Inc. d/b/a The Bright Market, will pay...more

Federal Contractors are Reminded that the OFCCP's Updated Regulations Regarding Veterans and Individuals with Disabilities are Now...

Last year, we alerted clients to the Office of Federal Contract Compliance Programs’ (“OFCCP”) new rules (click here to view the alert) impacting how contractors meet their affirmative action and nondiscrimination obligations...more

Illinois Employers: Be Aware of 1/1/15 Notice Requirement Regarding Pregnancy Protections for Employees and Applicants

In connection with the recently enacted amendment to the Illinois Human Rights Act (“Act”), pertaining to non-discrimination against and accommodation of pregnant employees and applicants, Illinois employers should be aware...more

2015 Hot Topics for Multinational Companies

As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues...more

Hospital Fires Back: Accuses Whistleblowers of Violating Patient Confidentiality

Hospitals have long seethed over employees who exploit their inside information to become whistleblowers. There’s generally not much they can do besides seethe unless the employee has some special duty of confidentiality...more

Bank of America to Pay $110,000 to Resolve EEOC Disablity Discrimination Suit

Bank Failed To Accommodate Visually Impaired Temporary Employee, Federal Agency Said - CHICAGO - Bank of America will pay $110,000 to a former temporary worker and provide other equitable relief under a consent decree...more

Justice Department Extends Title VII Protection to Transgender Government Employees

In a surprising reversal, on December 18, 2014, Attorney General Eric Holder announced that the United States Department of Justice ("DOJ") will now interpret Title VII of the Civil Rights Act of 1964 ("Title VII") as...more

Cordia Senior Living to Pay $40,000 to Resolve EEOC Retaliation Lawsuit

Senior Living Center Fired Employee For Complaining of Sexual Harassment, Federal Agency Alleged - CHICAGO - Cordia Senior Living will pay $40,000 to a former employee to resolve a retaliation case brought by the U.S....more

Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

DOJ Says Title VII's Sex Discrimination Prohibition Includes Gender Identity

U.S. Attorney General Eric Holder has announced that the Department of Justice (DOJ) now takes the position that Title VII's prohibition against sex discrimination includes discrimination based on gender identity, including...more

New Year, New Laws for Employment Lawyers

AB 1660 prohibits employers from discriminating against applicants and employees without valid California driver’s licenses. See Govt C §12926, Veh C §§1653.5, 12800.7, 12801.9. Under current law, the DMV has to issue a...more

Department of Justice to Include Gender Identity Under Discrimination Protection

In a memo released by the Department of Justice yesterday, Attorney General Holder directed government attorneys to no longer exclude gender identity, including transgender issues, from Title VII’s protection against sex...more

Obesity can be a disability, ECJ confirms

Ben Gorner, a Partner in our Birmingham office, comments: As we reported in Be Aware on 1 July and 18 July, the ECJ was recently asked in the case of Kaltoft v Kommunernes Landsforening to consider whether obesity should be...more

Tolerance for Prior Misconduct Does Not Prevent Termination Based on Latest Behavior

Some employers have a high threshold for tolerating abusive employees. Outbursts or confrontations that are grounds for automatic termination by one company may only prompt corrective action from another. A recent decision...more

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