Labor & Employment Civil Rights

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Bonus Points: ARB Upholds Whistleblower Order Challenging Bonus Plan

The Department of Labor’s Administrative Review Board (“ARB”) recently upheld an order finding a semiconductor company had constructively discharged a manager who complained the company’s bonus plan violated state wage and...more

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who...more

Jeffrey Burstein Named New Regional Attorney for EEOC's New York District

NEW YORK -- Jeffrey Burstein, an eight-year attorney with the U.S. Equal Employment Opportunity Commission (EEOC), has been appointed regional attorney for EEOC's New York District effective May 1, the agency announced today....more

The Importance of Job Descriptions

The importance of having accurate job descriptions for employees was illustrated by a recent case. In that case, the employee was let go by an employer after suffering a non-work related injury that the employer believed...more

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more

FRANCHISOR 101: Wins, Losses & Lessons in Joint Employer Liability

As joint employer liability continues to develop, plaintiffs seeking deep pockets continue to claim, with some success, that franchisors are joint employers, responsible for actions of their franchisees' employees. In April,...more

Country Fresh Sued by EEOC for Sex Discrimination

Milk Manufacturer Refused to Promote Woman Because of Gender, Federal Agency Charged - DETROIT - A Grand Rapids, Mich.-based milk and juice manufacturer violated federal law by subjecting a female employee to sex...more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

Mission Hospital Sued By EEOC For Religious Discrimination

Asheville Hospital Fired Employees Who Declined Flu Vaccinations Based on Their Religious Beliefs, Federal Agency Charged - ASHEVILLE, N.C. - Mission Hospital, Inc., a North Carolina corporation based in Asheville,...more

What GCs Need to Know About Reductions in Force

Reductions in force (“RIFs”) are group terminations, usually driven by the financial condition or business needs of the employer. An employer’s General Counsel, even though responsible for protecting the employer from legal...more

NY Transit Agencies Escape Vicarious Liability for Contractors Alleged Discrimination

It is not uncommon for companies to contract their daily business operations to third-party companies. In Motta et al v. Global Contact Services, Inc., the court addressed whether such relationships relieve the outsourcing...more

Canadian Employment News Series - April 2016

Duty to accommodate may include transferring employee to another workplace A recent decision by the Public Service Labour Relations and Employment Board serves as a reminder to employers that that it is wise to obtain...more

Arbitrator rules BC employer must reinstate employees on long-term disability after non-culpable terminations

In a British Columbia arbitration, Township of Langley v. CUPE, Local 403, No: A-014/15, the arbitrator was considering a grievance concerning the non-culpable termination of three employees of the Township of Langley who had...more

Limiting Plaintiff’s Discovery on Similarly Situated Employees Reasonable, Federal Court Finds

Limiting a plaintiff’s pretrial discovery can be the key to defending an employment discrimination lawsuit. This point was aptly demonstrated in a federal appellate court ruling approving a district court’s denial of...more

Off the Record? Workplace Perils of Video Recording and Social Media

By Scott Rabe and Samuel Sverdlov Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater...more

Oxford, Alabama, City Council Adopts Ordinance Restricting Access to Bathroom Facilities Based on Biological Sex

The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing...more

Proposed German Equal Pay Act May Complicate Remuneration Issues

Statistics reveal a difference of 7 percent between the remuneration paid to men and that paid to women with the same qualifications in Germany. The average hourly wage even shows a difference of 22 percent, making pay...more

Exploring the Employment Law Implications of a ‘Brexit’

On June 23, 2016, the United Kingdom (UK) will hold an “in or out” referendum to decide whether it should remain a member of the European Union (EU). If the UK chooses to leave the 28-member European Union, one certain...more

Employee’s Inability to Meet Job’s Attendance Requirements Divests her of ADA Protections Sixth Circuit Holds

The converging paths of the Family Medical Leave Act’s (FMLA) and the Americans with Disabilities Act (ADA) ranks among the most difficult legal issues for employers to safely traverse. Employers should think twice before...more

EEOC Seeks More Pay Data

Most private employers with 100 or more employees, and certain federal government contractors with 50 or more employees, are required to annually submit “The Employer Information Report” (known as the EEO-1) to the Equal...more

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

Vote YES! for Compliance: An Election Law Refresher for California Employers

Seyfarth Synopsis: Under California law, employers have a part to play in protecting employee voting rights and other political activity. What follows is a short reminder of employer duties and obligations. With the...more

Canadian Employment News Series: Duty to accommodate may include transferring employee to another workplace

In a recent decision, Emond v. Treasury Board (Parole Board of Canada), the Public Service Labour Relations and Employment Board concluded that an employer’s duty to accommodate may include transferring an employee with a...more

California’s New Guidance & FAQs for Employers of Transgender Employees

On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward...more

Achiote Restaurant To Pay $27,500 To Settle EEOC Male-On-Male Sexual Harassment / Retaliation Suit

Several Young Mexican-American Males Secretly Videotaped in Men's Room, Federal Agency Charged - SAN DIEGO - A San Ysidro, Calif., restaurant will pay $27,500 and furnish remedial relief to settle a male-on-male class...more

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