Civil Rights Labor & Employment

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England and Wales: Tribunal Fees...One Year On

What are they? Since 29 July 2013, a prospective claimant must pay a fee before they can issue a claim in the employment tribunal. The claimant must also pay a further (and much higher) fee at a second stage, usually...more

New EEOC Report Identifies Common Errors by Federal Agencies in Dismissing Discrimination Complaints on Procedural Grounds

One-Third of Agency Dismissals Are Reversed and Remanded by EEOC - WASHINGTON - As part of its continuing efforts to improve the federal sector complaint process, the U.S. Equal Employment Opportunity Commission (EEOC)...more

O’Reilly Automotive Consents to Early Entry of Decree Resolving EEOC Sexual Harassment Suit

Male Employee Was Physically Groped and Verbally Harassed by Female Manager, Federal Agency Charged - CHICAGO - O'Reilly Automotive Stores, Inc., a national company with over 4,000 stores, will pay $35,000 under a...more

Religious Exemptions for Employees

President Barack Obama recently signed an executive order that bans federal contractors from discriminating against the sexual orientation or gender identity of its employees. This order does not include a religious...more

EEOC Sues Employer for Forcing “Onionhead” Religious Practices on Workers

The U.S. Equal Employment Opportunity Commission (EEOC) recently sued a health network, alleging that the company fired employees who refused to participate in activities that the federal agency claimed were religious...more

A Dressing Down – Dress Codes in the Modern Workplace?

According to research cited by the British Association of Dermatologists, one in five Britons now has a tattoo. Amongst US 30 somethings, the estimate rises to about two in five, with facial piercings being almost as common...more

McCormick & Schmick’s to Pay $1.3 Million and Provide Significant Injunctive Relief to Resolve EEOC Class Race Discrimination Suit

Two Baltimore Restaurants Subjected Black Workers to Discrimination in Hiring and Work Assignments, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurants, Inc. and McCormick and Schmick...more

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more

Employers Have Homework: EEO-1 Reports Due September 30TH

Across the country, kids are headed back to school. However, they are not the only ones who have homework to turn in. Employers also have an assignment to complete. Specifically, EEO-1 reports must be filed and certified by...more

Illinois Extends Sexual Harassment Protection to Unpaid Interns

Further extending the Illinois Human Rights Act’s already expansive protection of victims of sexual harassment, Illinois Governor Pat Quinn last month signed into law a bill amending the Act to protect unpaid interns against...more

The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that...more

Four steps to manage your whistleblower complaints

How do you manage your whistleblower complaints? Getting employees to speak up when they see signs of wrongdoing is hard. Many employees struggle with initially "taking the plunge" (because that's how it may feel) for...more

EEOC Sues McLeod Health for Disability Discrimination

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations And Fired Her in Violation of Federal Law, Federal Agency Charges - FLORENCE, S.C. - McLeod Health, Inc., a South Carolina regional...more

A Strange Case of Sexual Harassment

In a lawsuit currently pending in the Superior Court, an employee is accusing her supervisor of...more

Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

Americans’ use of prescription painkillers, anti-anxiety medications and other drugs with psychotropic effects has exploded over the past decade. Many of these medications include warnings for persons who take them with...more

Thou Shalt Not Bully – Employers Must Educate Supervisors about “Abusive Conduct”

California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training...more

Don't Miss the Deadline to File EEO-1 Reports!

September 30 is the deadline to file the EEO-1 Report, formally known as the Employer Information Report EEO-1. The Reports are filed with the EEOC’s EEO-1 Joint Reporting Committee, and they are used, according to the EEOC,...more

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

Temporary Economic Reinstatement Not a Preliminary Remedy in a Miner's Discrimination Case

Administrative Law Judge (“ALJ”) David Simonton recently held that a miner’s demand for “temporary economic reinstatement,” instead of accepting actual reinstatement, is not an available remedy under the Mine Act during the...more

EEO-1 Survey Deadline is Approaching

The annual deadline for the completion of EEO-1 surveys is September 30, 2014. All employers subject to this requirement should have received (or will shortly receive) the reports from the Equal Employment Opportunity...more

EEOC Sues Employer for Allegedly Coercing Employee to Participate in Wellness Program

Employers continue to struggle to understand the Equal Employment Opportunity Commission’s position with regard to their wellness programs. While conceding the lawful use of such programs and the benefits achieved in terms of...more

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination...more

Employee Taking Protected HIPAA Information Not Protected Under ADEA

The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the...more

Marijuana Use For Alleged Depression and Anxiety Can Still Get You Fired In Florida

There can be no doubt that Americans' views on the legality of marijuana use for both medicinal and recreational purposes has shifted over the past few years. A recent survey conducted by Fextel, Inc. and StPetePolls.org...more

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