Construction Civil Rights

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
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Construction E-Note - September 2015

Florida's Department of Business and Professional Regulation requires and issues licenses for entities and individuals to qualify to construct improvements to real property in Florida. Generally speaking, an out-of-state...more

U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with...

Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment...more

Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those...more

Employment-ish FHA Decision

Amid the headlines of last week’s Supreme Court decisions was one applying disparate impact analysis to claims under the Fair Housing Act “FHA”. Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project,...more

A Boost for Affordable Housing Developers

In the last month, both the Supreme Court and the Federal Government have taken affirmative steps to combat housing discrimination, which may remove certain obstacles affordable housing developers have previously faced with...more

DOL Invites Comments on Requirement That Bidders Disclose Employment Law Violations

President Obama’s Executive Order 13673, called the Fair Pay and Safe Workplaces Order, uses the prospect of gaining or losing an edge in winning government contracts to provide a powerful incentive for employers to comply...more

OFCCP Files Suit Against Federal Subcontractor Staffing Agency for Alleged Discrimination and Harassment

In a complaint filed on June 17, 2015, OFCCP alleges that a staffing agency that supplies laborers to work for federal prime construction contractors at the prime contractors’ construction sites, permitted the prime...more

OSHA Issues Guidance on Transgender Workers and Workplace Restrooms

For those savvy employers staying ahead of the curve, here’s something new: OSHA has published a “Best Practices” guide addressing restroom access for transgender workers. To be clear, as “guidance,” the OSHA publication is...more

Wave of ADA Public Accommodation Lawsuits Continue to Spread, Hits Illinois

In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been...more

Bill 42: Towards a central portal in labour and employment

On April 15, 2015, the Minister of Labour, Employment and Social Solidarity tabled Bill 42 in the Québec National Assembly. The Bill is titled, An Act to group the Commission de l'équité salariale, the Commission des normes...more

McPhee Electric and Bond Brothers to Pay $120,000 to Settle EEOC Disability Discrimination Suit

Construction Contractors Refused to Hire Applicant Because of His Dyslexia - NEW YORK - McPhee Electric Ltd., a construction company with offices in Connecticut, and Bond Brothers, Inc., a construction management and...more

Bond Guarantee Fund Proposed for Minority Contractors

A bill is wending its way through the Connecticut Legislature that would encourage greater participation by minority contractors on public works projects. The bill, Senate Bill 830, would require that by October 2015 the...more

Keep an Eye on Executive Orders and Presidential Memoranda for Key Employment Initiatives in 2015

With Republicans in control of both the Senate and the House of Representatives, the showdown between President Obama and Congress on the labor and employment front promises to continue into 2015. Expect to see the...more

Settlement Reminds Employers Probationary Periods Are Not Immune to the ADA

Many employers reserve the right to terminate a new employee at any time during a "probationary period" if they find a new hire is not suited for the job. All too often, this gives employers a false sense of security in the...more

Illinois Appellate Court Interprets Equal Terms “Comparator” Favorably for Local Government

In an important decision for local governments, the Illinois Appellate Court on March 6, 2015 issued its decision in Joan Dachs Bais Yaakov Elementary School (“JDBY”) v. City of Evanston. The decision, particularly the...more

Look Out Below

How Subs Can Cause Problems For General Contractors - The U.S. Labor Department (DOL) often sets its sights up the food chain, focusing enforcement efforts on general contractors (GCs) for the wage violations of their...more

Construction Case Law Update - March 2015

Racial discrimination; City Contracting Ordinances; Federal Affirmative Action Compliance in Contracting – Plaintiff-contractor sued the City of Jacksonville, alleging racial discrimination against him and other...more

New Government Contractor Regulations Define and Prohibit Workplace Sexual Bias - The Guidelines Are in Fact Requirements for...

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has proposed the first major substantive changes to its Sex Discrimination Guidelines in more than 40 years. The new regulations are significant...more

Construction Case Law Update - January 2015

“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more

New OFCCP FAQs Clarify Rules Regarding Collecting and Reporting Veterans Data

In an effort to address confusion resulting from the new VETS-4212 Form, OFCCP recently posted two new FAQs addressing issues related to collecting and reporting disclosure data. The first FAQ addresses whether contractors...more

The Changing Landscape for Services Contractors

Two recent developments have the potential to change the landscape for contractors providing services to the Government. Government contractors and subcontractors are required to comply with a host of regulations governing...more

Key Issues Facing Places of Public Accommodation at the 25th Anniversary of the ADA

With all of the presents, decorations, and champagne now firmly in the rearview mirror, January is a time customarily spent reflecting on the year that was and planning for the year ahead. For places of public accommodation,...more

New Accessibility Disclosure in Commercial Leases

As of July 1, 2013, California Civil Code §1938 required all commercial leases to state whether the premises have been inspected by a “Certified Access Specialist” (“CASp”) and, if so, whether the premises has or has not been...more

California’s Fair Chance Employment Act Targets Construction Contractors

A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite...more

D.C. Circuit Upholds OFCCP's Disability Affirmative Action Rules

Last year, the Department of Labor’s Office of Federal Contract Compliance Programs issued final regulations requiring that federal contractors subject to Section 503 of the Rehabilitation Act adopt new measures intended to...more

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