Labor & Employment Civil Rights

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No Coverage for the Cantankerous? The Ninth Circuit Goes "Retro" In Finding "No Disability"

In Weaving v. City of Hillsboro, the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a...more

LGBT in the Workplace: The Rundown on President Obama’s Executive Orders on “Sexual Orientation” and “Gender Identity”...

On July 21, 2014, President Obama issued an executive order that amends Executive Orders 11478 and 11246 by adding LGBT anti-discrimination protections. President Obama took this action after Congress failed to pass the...more

Update: New Jersey Limits Use of Criminal History in Hiring Decisions

As we reported in December 2013, New Jersey was on the road to joining 6 other states which have recently passed legislation banning or limiting the use of criminal background checks in the hiring process. ...more

Update: District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

EEOC Ratchets Up Focus on Pregnancy Discrimination with Updated Guidance

The U.S. Equal Employment Opportunity Commission’s recent guidance regarding pregnancy discrimination in the workplace heralds that agency’s renewed focus on that topic. After three decades of silence on the issue of...more

Bills and Cases and Executive Orders, Oh my! Following the Road to LGBT Equal Protection

This summer has been hot in temperature, but also in topics especially when it comes to balancing equal protection with sincerely held religious beliefs. A recent bill, Supreme Court decision, and Executive Order each show...more

Breaking: OFCCP Issues Directive On Gender-Identity Discrimination

The Office of Federal Contract Compliance Programs has issued a new directive on gender-identity discrimination, consistent with President Obama’s recent amendment to Executive Order 11246. ...more

EEOC Issues Part II of FY 2011 and Part I of FY 2012 Annual Report on Federal Work Force

Small Gains Made in Diversity Government-Wide, Data Shows EEO Complaints Were Down - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today released the second part of its Annual Report on the...more

Employers: Be Vigilant About ADA Compliance During the Hiring Process

While certain job duties may legitimately require that employers screen applicants and employees for medical conditions, organizations risk violating the Americans with Disabilities Act (ADA) and incurring serious legal...more

New Difficulty With Settlements at the New York State Division of Human Rights

The New York State Division of Human Rights’ (NYSDHR or the Division) standard stipulation of settlement document does not always include all of the terms that an employer would want when agreeing to pay a monetary settlement...more

OFCCP Issues Notice That Revises Pay Reporting Requirements for Federal Contractors

As part of President Obama's initiative to improve the working life of American families, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has issued a Notice of Proposed Rulemaking that...more

New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process

New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history...more

Ugh! – Does this ADA Claim Make Me Look Fat?

We are all familiar with the Americans with Disabilities Act. The ADA prohibits discrimination based upon actual or perceived medical disabilities, and the ADA requires employers to accommodate employees with disabilities...more

Termination of Police Officer Whose ADHD Limits Ability to Get Along With Others Does Not Violate ADA, Ninth Circuit Says

In Weaving v. City of Hillsboro (--- F.3d ----, C.A.9 (Or.), August 15, 2014), the federal Ninth Circuit Court of Appeals was asked to decide whether, consistent with the Americans with Disabilities Act (“ADA”), the city...more

Domestic Violence Leave Now Mandated in Massachusetts

On August 8, 2014, Massachusetts Governor Deval Patrick signed sweeping new legislation in the area of domestic violence—M.G.L. c. 260 entitled “An Act relative to domestic violence.” The new law is effective immediately and...more

Governor Christie Vetoes New Jersey Unemployment Discrimination Bill

In somewhat of a surprise move, in the same week that New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act, which prohibits employers from inquiring about job candidates’ criminal histories early...more

District Court Allows ERISA Section 510 Retaliation Claim to Proceed

A federal district court in Pennsylvania concluded that Irene Najmola, a former employee of Chester County Hospital, sufficiently pled a retaliation claim under ERISA section 510 by alleging that her employment was terminated...more

Crazy Statistics: Protect Your Company From The 234 Million Dollar Beast with Discrimination and Harassment Training

Do you want to hear some CRAZY numbers? Of course you do, because just like me, you read about harassment and discrimination settlements for fun. (We are weird people, and probably need to take up a different hobby, but I...more

Federal Judge Rules Prime Trucking’s Same-Sex Training Policy Violates Federal Law

New Prime's Driver Training Program Discriminates Against Women, EEOC Charged and Court Agrees - ST. LOUIS - A federal judge ruled August 14 that New Prime, Inc., one the nation's largest trucking companies, violated...more

Six Tips for Avoiding Transgender Discrimination in the Workplace

Transgender employees present special concerns for employers when developing and applying personnel policies and procedures, from restroom access issues to preventing discrimination and harassment. Employers who do not...more

SCOTUS Affirms Right to Blow Your Whistle in Public Sector

There has long been tension in the public sector regarding an employee’s duties as an agent of the state and his or her right as an individual to freedom of speech. In a decision handed down in June of 2014, the United States...more

Empire State High: New York Joins Ranks of States Legalizing Medical Marijuana Use. But What Does This Mean For Employers?

New York's Compassionate Care Act, enacted on July 7, 2014, places New York in the company of 22 other states and the District of Columbia who permit the use of marijuana for medical purposes. Important for employers, the law...more

Protecting the Rights of LGBT Employees in the United States and Abroad

On July 21, President Obama issued an Executive Order prohibiting federal government contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) employees. The President directed the U.S....more

Trends in New Jersey Employment Law - August 2014

LAD Roundup - In recent weeks, New Jersey's primary employment discrimination statute—the Law Against Discrimination (LAD)—has been the focus of judicial scrutiny....more

EEOC Sues Employer for Requiring Medical Details as Part of Sick Leave Approval

Employers that provide paid sick leave benefits often require doctors’ notes confirming the employee’s need to be out of work. Last month, the Equal Employment Opportunity Commission filed suit against a Pennsylvania employer...more

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