Civil Rights Updates

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Governor Signs California “All Gender” Bathroom Bill

We posted before on AB 1732, which Governor Brown signed yesterday. This law prohibits businesses and government entities from labeling any “single-user toilet facility” as either “male” or “female.” It defines “single-user...more

What is “Immediate and Appropriate”?

In recent posts, we have written about old and new forms of sexual harassment and about the employer’s obligation to investigate harassment complaints. This week, we address what happens when the investigation is complete...more

New Federal Law Protects Trade Secrets

A company’s trade secrets are its lifeblood, but they are valuable only if they remain secret. Faced with a growing rise in theft from foreign hackers, nation states, and rogue employees, trade secret owners now have a new...more

SEC Brings Second Whistleblower Retaliation Case

The SEC has brought its second case for retaliation against a whistleblower against International Game Technology. According to the SEC, the whistleblower, a director of an IGT division, started working at IGT in 2008 and...more

Proskauer Joins Heads of SEC & OSHA Whistleblower Programs in Webinar

On September 27, 2016, Proskauer Partner Steven J. Pearlman, co-head of the Whistleblowing & Retaliation Practice Group, participated in a Bloomberg webinar with Jane Norberg, Acting Chief of the SEC Office of the...more

CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles

On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed...more

This Cold Bud Is For You: SEC Sanctions Anheuser-Busch for “Chilling” Employee from Communicating with SEC

On September 28, 2016, the SEC announced that Anheuser-Busch agreed to pay $6 million to settle charges of Foreign Corrupt Practices Act and Dodd-Frank whistleblower violations. The SEC’s order stated that AB InBev violated...more

EEOC Announces Approval of Revised EEO-1 Report

On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced that starting in March 2018, it will collect summary employee pay data from certain employers on revised EEO-1 Reports. The announcement...more

New Jersey Bill Seeks to Prevent Employers from Obtaining and Using Applicant Salary History

Two New Jersey state senators have introduced a bill that would prohibit employers from asking applicants about their previous salaries and from using that information to make decisions about compensation. See Assembly Bill...more

Breaking News: EEOC Revised EEO-1 Report Finalized - Employers With More Than 100 Employees Will Be Required to Submit Pay Data to...

Seyfarth Synopsis: On September 29, 2016, the OMB approved the EEOC’s revisions to the EEO-1 report. Beginning in 2018, employers with 100+ employees will be required to annually report pay and hours data to the EEOC for its...more

Arizona Court Consolidates ADA Lawsuits

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

Diallo’s Of Houston Sued by EEOC For Disability Discrimination

Nightclub and Party Venue Illegally Fired Disabled Employee After Making an Unlawful Medical Inquiry Based on HIV Hearsay - HOUSTON - Diallo's, a Houston-area nightclub and party venue, violated federal...more

What Covered Health Care Entities Need to Do to Prepare for Looming ACA Section 1557 Deadlines

As our colleagues reported earlier this month, on May 18, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule titled “Nondiscrimination in Health Programs and Activities” (“Final Rule”)...more

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued its final “Enforcement Guidance on Retaliation and Related Issues.” Along with the final guidance, the EEOC issued a Q&A publication and a Small...more

EEOC to Collect Summary Pay Data

First Collection Will Be in March 2018 - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced that starting March 2018, it will collect summary employee pay data from certain employers....more

EEOC Sues Physicians Management Groups For Disability Discrimination

Doctor's Contract Terminated for Taking Prescribed Medications, Federal Agency Charged - ATLANTA - Two Atlanta physicians groups, Georgia Hospitalists Group, LLC and ApolloMD Business Services, LLC, violated federal law...more

It’s Time to Get Back to Basics: Keeping Your Workplace Free of Sexual Harassment

In an interview last month, the 2016 Republican presidential nominee stated that if his daughter were sexually harassed, he “would like to think she would find another career or find another company.” His son later stated...more

A Reprieve for Arizona Businesses: State Judge Stays More Than 1,100 Cases by Serial ADA Plaintiff

On September 23, 2016, an Arizona judge granted at least a temporary reprieve to more than 1,100 Arizona businesses that have been beleaguered by lawsuits alleging that their parking lots lack sufficient accessible parking...more

New 'Digest of EEO Law' Issued by EEOC

Includes Key Federal Sector Decisions, Special Article on Discrimination Due to Mental Health Conditions Under EEO Laws - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest...more

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although...more

UK Employment Law Round Up - September 2016, Volume 1, Issue 9

In this issue, we look at whether a job applicant can gain protection under the Framework and Equal Treatment Directives if the purpose of the application is to gain the status of someone who can make a claim to gain...more

EEOC Small Business Resource Center: Two thumbs up!

I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great. Small businesses, which may be just...more

CFPB Announces that ECOA Protects LGBT Persons From Discrimination in Lending

This summer, the Consumer Financial Protection Bureau (CFPB) was asked by an LGBT advocacy group whether the provision of the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691 et seq., that prohibits discrimination on the...more

UPCO Sued By EEOC for Disability Discrimination

Claremore Manufacturer Denied Permanent Job to Temp Because of Questionable Medical Exam, Federal Agency Charges - ST. LOUIS - UPCO, Inc., a Claremore-Okla.-based leading manufacturer of sucker rods and accessories for...more

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