Civil Rights, Labor & Employment Law

Don't Forget About GINA

by Miller & Martin PLLC on 5/17/2013

In the midst of trying to keep straight all employer responsibilities, obligations, and pitfalls under the ADA and the FMLA, as well as a plethora of other federal and state laws, the EEOC's simultaneous filing and settlement...more

Egg Giant National Food to Pay $650,000 To Settle EEOC Sexual Harassment Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Employer Failed to Stop Supervisor's Sexual Demands, Retaliated Against Workers Who Spoke Out, Federal Agency Charged - SEATTLE - National Food Corporation, a major supplier of eggs to the Pacific Northwestern and...more

EEOC Is Making Good On Its Promise To Persecute Genetic Discrimination

by Melissa A. Silver | XpertHR - Partnered with LexisNexis on 5/17/2013

The Equal Employment Opportunity Commission (EEOC) has reached a settlement in its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA), the federal law that prohibits...more

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

Labor/Employment

by Robert Weill | Sedgwick LLP on 5/17/2013

Discrimination – Pregnancy. Conflict Certified: Whether the Florida Civil Rights Act, section 760.10, Florida Statutes, prohibits employment discrimination based on pregnancy. ...more

OFCCP Sets Deadline for Implementation of 2010 Census Data

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/17/2013

On May 15, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that covered federal contractors will have until January 1, 2014 to start using 2010 Census data for determining availability when...more

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And...

by Katie Briscoe | Nossaman LLP on 5/17/2013

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and...more

DOL Issues Final Regulations Implementing the 2009 FMLA Amendments

by Lavon Ammori, Megan Norris | Miller Canfield on 5/17/2013

The Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2008 (FY...more

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

Age Discrimination Claims Remain Popular

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/17/2013

Marc Santos and Geraldo Zaffa are two firefighters who filed a lawsuit against the Milpitas Fire Department for alleged age discrimination. The two men were placed on a list of qualified state and local firefighters by the...more

Did You Know…Certain Businesses Are Now Required To Post Human Trafficking Notice

by Jennifer Reass | Nossaman LLP on 5/16/2013

As anticipated, Senate Bill 1193 went into effect on April 1, 2013, requiring a broad range of businesses in the transportation, hospitality, and health care sectors to post public notices regarding slavery and human...more

EEOC Seeks Public Input on Quality Control Plan for Investigations and Conciliations

by U.S. Equal Employment Opportunity Commission... on 5/16/2013

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has released draft principles for the Quality Control Plan (QCP) for public feedback, the agency announced today. The QCP will revise criteria to measure...more

Delaware Is Next State To Legalize Same-Sex Marriage

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/16/2013

Delaware is now the 11th state to permit same-sex marriage under a new law that will go into effect on July 1, 2013. This follows Rhode Island's passage of a similar law last week. +2013 Bill Text DE H.B. 75....more

Employment And Labor Law Alert: Minnesota "Bans The Box"

by Christina Sans | Leonard, Street and Deinard on 5/16/2013

On Monday, Governor Dayton signed the Criminal Background Check Act (S.F. No. 523) into law in Minnesota, restricting the circumstances under which employers may request information regarding an applicant's arrests or...more

EEOC Issues Revised Publications on the Employment Rights of People with Specific Disabilities

by U.S. Equal Employment Opportunity Commission... on 5/16/2013

WASHINGTON --The U.S. Equal Employment Opportunity Commission (EEOC) today issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency's Strategic Plan to provide...more

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/16/2013

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

Federal Contractors Must Use 2010 Census Tab Starting January 1, 2014

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/16/2013

Earlier this afternoon, the Office of Federal Contract Compliance Programs (OFCCP) announced that all federal contractors must use the 2006-2010 American Community Survey Equal Employment Opportunity Tabulation (2010 EEO Tab)...more

Hepatitis B-infected Health Care Professionals Gain Stronger Protection Under Recent DOJ Settlement

by Chelsea Trotter | Nossaman LLP on 5/16/2013

In March 2013, the U.S. Department of Justice (“DOJ”) settled the first lawsuit of its kind with a New Jersey medical school over claims that it violated the Americans with Disabilities Act (“ADA”) by excluding two Hepatitis...more

The Legal and Regulatory Landscape for Wellness Plans: The Affordable Care Act and Beyond

by Katharine O. Beattie, Patricia Moran | Mintz Levin - Health Law on 5/15/2013

The Patient Protection and Affordable Care Act (the ‘‘Act’’) generally encourages employers to adopt wellness plans and programs in conjunction with their group health plans. Wellness plan vendors tout these arrangements with...more

OSHA Tags In on Workplace Violence Issue, Takes it to the Court

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

The Occupational Safety and Health Administration (OSHA)is suing an employer for an employee's claims that she was subjected to workplace violence concerns in violation of Section 11(c) of the Occupational Safety and Health...more

EEOC Has Settled its First Lawsuit Filed Alleging Genetic Discrimination

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

On May 7, 2013, the Equal Employment Opportunity Commission (EEOC) announced that it has settled its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA)....more

Germany: Have Rejected Job Applicants the Right to Know the Reasons for Not Getting the Job

by Anne Diedrich, Arno Frings, Lutz Hoheisel | Orrick - Global Employment Law Group on 5/15/2013

Recently, the German Federal Labor Court (Bundesarbeitsgericht “BAG”) rendered a decision which had been awaited with interest by German employers (BAG, April 25, 2013 – 8 AZR 287/08) with regard to information rights of...more

PFERD Milwaukee Brush to Pay $65,000 In EEOC Pay Bias Suit

by U.S. Equal Employment Opportunity Commission... on 5/15/2013

Company Refused to Pay Female Employee as Much as Men, Federal Agency Charged - MILWAUKEE, Wis. - A federal magistrate judge in Milwaukee has entered a consent decree resolving a job discrimination lawsuit brought by...more

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

by Abizer Zanzi | Franczek Radelet P.C. on 5/15/2013

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more

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Civil Rights › Labor & Employment Law