Labor & Employment Civil Rights

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues after Public Input Process

Today the U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses...more

Employment Law Navigator – Week in Review: August 2016 #5

Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers...more

DOJ Proposes Expanding Reach of INA's Anti-Discrimination Provisions

Employers already know that Title VII prohibits discrimination on the basis of national origin and citizenship status. However, they may not be aware that the federal Immigration and Nationality Act also contains...more

Scottsdale Car Dealership Sued by EEOC for Disability Discrimination

Bell Lexus and The Berge Group Rescinded Job Offer Based on Woman's Lawful Prescription Drug Use, Federal Agency Charges - PHOENIX - A Scottsdale, Ariz., car dealership company violated federal law by rescinding a job...more

Hope Solo: too little, too late?

Hope Solo’s derogatory comments about Sweden’s national women’s soccer team have earned her a six-month ban from U.S. Soccer and the termination of her contract. U.S. Soccer president Sunil Gulati released a statement this...more

EEOC Sues Frontier Hot-Dip Galvanizing for Race and National Origin Harassment, and Retaliation

Employer Permitted Racist Slurs and Graffiti, Then Fired Employees Who Complained - BUFFALO, N.Y. - A Buffalo provider of metal coating violated federal law when it permitted race-based harassment of black employees by...more

HR Tech and the Law: An Update

Over the past two years, we at the Navigator have been fascinated with all the new technology showing up in the workplace. We’ve repeatedly cautioned employers about the risks of adopting technology before understanding and...more

EEOC Sues Midwest Freight Systems for Breach of Mediation Agreement

Company Refused to Honor Agreement to Pay Monetary Relief to Charging Party, Federal Agency Charges - DETROIT - Midwest Freight Systems Corporation, a freight transportation company with headquarters in Warren, Mich.,...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: August 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring....more

Regis Corporation to Pay $60,000 to Settle EEOC Disability Discrimination Suit

Hair Salon Refused to Accommodate Stylist's Claustrophobia, Agency Charged - MIDLAND, Texas - Minnesota-based Regis Corporation, doing business as SmartStyle, will pay $60,000 in damages and back pay to former hair...more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

Why Should Employers Take Pregnancy Discrimination and Accommodation Seriously? Here Are More Than 500,000 Reasons Why.

Doris worked for the Chipotle restaurant chain. And she was pregnant. After she announced her pregnancy to her supervisor, Doris claimed her boss began monitoring her bathroom breaks (then berated her for taking too long),...more

The EEOC’s Defeat In Detroit: Pants, Skirts, Gender Identity, And Religion

Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision (but...more

Is Religious Freedom a Defense to LGBT Discrimination Claims?

Certainly, the trend in employment law has been toward greater equality for lesbian, gay, bisexual and transgender (LGBT) employees. Same-sex marriage is now the law of the land due to the Supreme Court’s ruling last summer...more

Tackling the gender pay gap

A report published this week indicates that the gender pay gap increases dramatically on a woman’s return to work following maternity leave. Whilst this may not be entirely surprising, the statistics are depressing. The...more

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

Agencies Release Final Rule on “Fair Pay and Safe Workplaces” Executive Order

On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive...more

Federal Contractors Must Comply with New Rules on Sex Bias

Contractors should be careful not to implement any policies or practices that may have a disparate, adverse impact on one sex unless they are job-related and consistent with business necessity. Originally published in...more

EEOC Sues Profile Cabinet for Discrimination Against Black Employees

Termination of Employees Violated Title VII of the Civil Rights Act, Federal Agency Says - ST. LOUIS -- QWP Holdings, LLC, dba Profile Cabinet and Design, a Kansas City, Mo., company which designs, builds and sells...more

Health Care E-Note - August 2016

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life...more

EEOC Sues Legendary Baking For Disability Discrimination

Federal Agency Says Food Service Company Denied Long-Term Employee Accommodations, Then Fired and Failed to Rehire Her Because of Her Disability - CHICAGO - American Blue Ribbons Holding, LLC, dba Legendary Baking,...more

Illinois Domestic Workers Now Guaranteed Certain Employment Rights

On August 12, 2016, Illinois Governor Bruce Rauner signed the Domestic Workers’ Bill of Rights Act (House Bill 1288) (the “Act”) on behalf of domestic workers employed in private homes or residences into law. With the passage...more

EEO-1 Reports: Time for Employers to Get in Formation

This is the time of year when employers with 100 or more employees and federal contractors with 50 or more employees must prepare and file their annual EEO-1 reports – documents that provide the government with details...more

Penalties Increased for Employee Benefit Plan Violations

Recently-enacted legislation has increased many penalty amounts for certain employee benefit plan violations. The new penalties – some of which are more than double previous amounts – were adjusted to catch up with inflation...more

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