Labor & Employment Civil Rights

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Employers Asserting ADA Direct Threat Defense Do Not Have to Prove Actual Threat

The Americans with Disabilities Act prohibits employers from discriminating against a qualified person with a disability, or refusing to provide that person with a reasonable accommodation that would allow them to perform the...more

U.S. Supreme Court Revives Suit Against UPS, Extending McDonnell-Douglas Burden Shifting Framework to Pregnancy Discrimination...

The U.S. Supreme Court vacated a Fourth Circuit decision Wednesday, reviving a pregnancy bias case against the United Parcel Service brought by a former delivery driver who was denied a light-duty work accommodation while...more

Supreme Court Allows Employee to Claim Pregnancy Discrimination Based on Employers' Accommodations to Other Persons

On Wednesday, the U.S. Supreme Court issued a 6-3 decision reversing the Fourth Circuit Court of Appeals’ position on employers’ obligations to accommodate employees’ pregnancy-related work restrictions. However, the court...more

Shefa Wellness Center Sued by EEOC for Pregnancy Discrimination

Company Violated Federal Law by Firing Pregnant Employee, Federal Agency Charged - ATLANTA - CFS Health Management Inc., d/b/a Shefa Wellness Center, a Canton, Ga., medical practice specializing in cosmetic skin care...more

UK update - Type 2 diabetes controlled by diet is not automatically a disability

In Metroline Travel v Stoute, the Employment Appeal Tribunal (“EAT”) decided that employees with type 2 diabetes controlled by diet (rather than medication) are not automatically protected by disability discrimination...more

EEOC's Proposed Rules for Employer Wellness Programs at OMB for Approval

Last year, EmployNews reported several cases where the Equal Employment Opportunity Commission sued employers, claiming that the terms of their employee wellness programs violated the Americans with Disabilities Act and the...more

Texas Court Puts a Halt on DOL Enforcement of the New FMLA Rule Extending Leave Rights to Same-Sex Couples

A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect...more

Fenwick Employment Brief - March 2015

Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses - Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and...more

Supreme Court Delivers New Life to Pregnancy Discrimination Claim

On March 25, 2015, the United States Supreme Court issued an opinion that redefines the standard for disparate treatment claims under the Pregnancy Discrimination Act (PDA). In Young v. United Parcel Service, Inc., the Court...more

Important News on the Equal Opportunity Jerk: Minnesota Workplace Bullying Bill Is Reintroduced

When I present harassment training, I tell my audience that harassment is usually unlawful only when based on a protected-class status, such as race, gender, age, disability, etc. During the training, I often tell the story...more

Supreme Court Sets New Standard Governing Employer’s Obligation to Accommodate Pregnant Workers

On March 25, 2015, the U.S. Supreme Court addressed an employer’s obligation to accommodate employees’ pregnancy-related job restrictions. In Young v. United Parcel Service, Inc., the Court recognized that employers who fail...more

Are You Breaking The Rules? NLRB General Counsel Issues Extensive Report On Employer Rules and Handbooks

On March 18, 2015, the General Counsel of the National Labor Relations Board (NLRB) issued a report (General Counsel Memorandum GC 15-04) summarizing recent NLRB enforcement action regarding many common employment policies....more

Do you believe in religious accommodations?

Utah Employment Law Letter - March 2015 Ever since the first Pilgrims settled Massachusetts in 1620, religion has found a shelter—albeit an imperfect one—in what would become the United States. Many European settlers...more

Supreme Court Rules on, But Fails to Clarify, Pregnancy Discrimination Law

The Pregnancy Discrimination Act extends Title VII’s prohibition against sex discrimination to include pregnancy. It also says that employers must treat “women affected by pregnancy . . . the same for all employment-related...more

Supreme Court Sets New Standard for Pregnancy Discrimination Claims

In a 6-3 decision, the United States Supreme Court gave new life ths week to former UPS driver Peggy Young’s claim of unlawful pregnancy discrimination when it vacated the Fourth Circuit Court of Appeals’ decision affirming...more

EEOC Holds Twitter Chat on Implementation of Section 508 of the Rehabilitation Act

EEOC, DOL and OPM Encourage a Dialogue on Removing Barriers for Federal Workers - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a live Twitter chat on Thursday, April 2 from 1:00 to...more

Tennessee General Assembly Settles Debate Over Guns-in-Parking-Lots Law

We’ve previously written about the well-publicized guns-in-parking-lots law and the confusion over whether the law impacts the employer-employee relationship. The law was passed in 2013 to allow employees with handgun carry...more

Supreme Court Opens The Floodgates To Pregnancy Discrimination Cases

This week, in Young v. United Parcel Service, Inc., the United States Supreme Court found that, under Title VII, employers must provide pregnant employees with the same accommodations that they provide to employees in similar...more

Supreme Court Decision Forces Many Employers to Extend Light Duty Work to Pregnant Employees

In recent years, employment attorneys and HR professionals have been anxiously discussing a series of lawsuits addressing when employers must afford light duty work to pregnant employees. In the past, courts generally held...more

Maine to Pay Out $142,500 to Settle Whistleblower Suit

The state Department of Health and Human Services in Maine will pay $142,500 to a former employee as a part of a settlement for a federal whistleblower suit. That employee is Sharon Leahy-Lind, who was at one time a...more

U.S. Supreme Court Vacates Fourth Circuit’s Decision Under the Pregnancy Discrimination Act

On Wednesday, in a 6-3 decision with Justice Breyer writing for the majority, the Supreme Court revived Peggy Young’s pregnancy discrimination claim against UPS under the Pregnancy Discrimination Act (PDA) in Young v. United...more

Supreme Court Issues Decision in Young v. UPS: A Duty To Accommodate Pregnant Employees?

The Supreme Court of the United States recently issued its decision in Young v. United Parcel Service, Inc.. Vacating and remanding the Fourth Circuit’s decision, the Court concluded that the Pregnancy Discrimination Act...more

Top franchise matters of 2014

DLA Piper IPT partners Barry Heller, John Verhey and John Hughes recently conducted a webinar reviewing 2014’s top franchise decisions. Three significant 2014 matters are summarized below. 1. In Patterson v. Domino’s...more

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and...more

Employers Take Note: The Supreme Court’s Game-Changing Decision in Young v. UPS Requires Review of Pregnancy Accommodation...

Wednesday, the Supreme Court issued a much-anticipated decision in the closely watched case of Young v. UPS, holding that a plaintiff may be able to prove unlawful failure to accommodate a pregnancy-related condition through...more

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