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Conflict of Laws Civil Rights

Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:

Decision on medical marijuana and preemption holds lessons for Maine employers

by PretiFlaherty on

A U.S. district court recently held that federal law does not preempt the anti-discrimination provision in Connecticut’s medical marijuana law prohibiting employers from terminating or refusing to hire individuals based on...more

Pavan v Smith: Supreme Court Prevents Attempts of States to Undermine Rights of Married Same Sex Couples

by Miles & Stockbridge P.C. on

The Supreme Court case Pavan v. Smith, 582 U.S.____ (2017), in a per curiam opinion on June 26, 2017, strengthened the rights protected in Obergefell v. Hodges, 576 U.S. ___ (2015). The decision confronted an attempt by the...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

Another Employer’s Defense in Disability/Medical Marijuana Case Goes Up in Smoke

by Shipman & Goodwin LLP on

Many states have approved the use of medical marijuana, despite the fact that the federal government continues to classify marijuana as a Schedule I controlled substance. As a result there is a tension between state rights to...more

WPI State of the States: Statehouses Continue to Release Summer Blockbusters

by Littler on

Despite recent publicity surrounding bills pending in the U.S. Congress, state legislatures have not lost their focus. More than 30 states have concluded their legislative sessions, and another half-dozen are in recess. But...more

States Diverge on Employment Law Protections for Medical Marijuana Users

Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test...more

Let Them Eat Cake!

by Bowditch & Dewey on

The competing interests of an individual’s First Amendment right to religious freedom and an individual’s right to be free from discrimination will be addressed by the Supreme Court of the United States (“SCOTUS”) in the...more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more

Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts

by Benesch on

In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation...more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Chapter 21 of the Texas Labor Code Does Not Incorporate ADA’s Prohibition on Release of Confidential Health Information

Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws and frequently look to federal court decisions for guidance. However,...more

May the 4th Be With You: Philadelphia’s Wage Equity Saga Continues

by Fisher Phillips on

It is only fitting that, on this day, May the 4th, which has become known colloquially as Star Wars Day, we bring you this update on Philadelphia’s Wage Equity Ordinance saga which could send significant ripples throughout...more

WPI State of the States — Legislative Proposals Are Taking Root

by Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

[Webinar] Recurring Marijuana Issues in the Workplace in Light of New Legislation - May 24th, 1:00pm EDT

by Conn Maciel Carey LLP on

The rise in medical marijuana legislation poses many interesting questions for employers - especially national employers where state laws may differ drastically on this issue. State legislation of the lawful use of cannabis...more

H.B. 2 Is Repealed, But...What Does This Mean?

by Smith Anderson on

North Carolina has repealed House Bill 2. In its place, the North Carolina General Assembly enacted law: ..Preempting state agencies and related entities from regulating access to multiple occupancy restrooms, showers...more

Title VII and Sexual Orientation Debate Largely Moot in Connecticut

by Shipman & Goodwin LLP on

Over the last week or so, there have been two prominent Circuit Court decisions addressing whether Title VII (the federal law prohibiting employment discrimination on the basis of race, color, sex, religion and national...more

State of the States — Legislative Action Heats Up

by Littler on

As we turn the calendar to April, state legislatures are starting to hit their stride. Bills introduced earlier this year continue to advance, with more than 400 labor and employment-related measures remaining under...more

Maine Law Court Charts Different Course for Age Discrimination

by PretiFlaherty on

It is not often that the Law Court interprets the Maine Human Rights Act (MHRA) differently from its federal counterparts. In a recent decision, though, the Law Court did exactly that – it held that the standard for...more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to...more

Texas High Court Allows Employee to Pursue Assault Claim Against Employer for Tortious Acts of “Vice Principal”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more

Red State Preemption Of Local Pay Equity Laws? — Stay Tuned

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The 2016 elections had the effect of hardening the Red-Blue divide in the country. A number of Blue cities in Red States are enacting ordinances that implement the progressive political agenda, which of...more

WPI State of the States: Legislatures Saw a Flurry of Activity in February

by Littler on

Statehouses across the country continue to propose legislation at a frenzied pace. In February, as in January, more than 500 bills concerning labor and employment issues were either introduced or addressed in some fashion....more

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