Anti-Discrimination Policies

News & Analysis as of

One Size Fits All? The Case for Unified Employment Policies for Multi-State Employers

One of the questions clients frequently pose to me is how to make employment policies uniform across the different states where their employees work. Now it seems to me that this is a most appropriate question in this day...more

Yuma-Area Health Center to Pay $50,000 to Settle EEOC Retaliation Lawsuit

Regional Center for Border Health Fired Employee Because She Complained About Sexual Harassment, Federal Agency Charges - PHOENIX - The U.S. Equal Employment Opportunity Commission ("EEOC") today announced the settlement...more

Caitlyn on the track: Athletics, Title IX, and the transgender community

In our previous post, we discussed emerging federal policy regarding the application of federal anti-discrimination laws to the transgender community. We focused, in particular, on the “Statement of Interest” filed earlier...more

The Future of Healthcare Discrimination Litigation-Section 1557 of the ACA

This article was originally published by American Health Lawyers Association. Copyright 2015, American Health Lawyers Association, Washington, DC. Reprint permission granted. It is no secret that the Affordable Care Act...more

What U.S. Multinational Employers Need to Know about Background Checks

Employers often run background checks on their applicants and employees in order to protect the workplace and to assemble a good and trustworthy workforce. For U.S.-based employers with operations overseas, the legal...more

Pittsburgh City Council Passes Mandatory Paid Sick Time Law

Last week, the Pittsburgh City Council passed the Paid Sick Days Act (the Act), which Mayor Bill Peduto is projected to sign into law shortly. The Act is expected to become effective 90 days after the mayor signs it and the...more

Same-Sex Marriage and Tennessee Businesses

In its first opportunity to apply Obergefell v. Hodges, the U.S. Supreme Court case holding same-sex marriage is a constitutional right, the Tennessee Court of Appeals recently held the state must recognize same-sex...more

Enabling the ‘disabled’ to work

The spectre of claims under anti-discrimination legislation (and the related media) appears to drive nervousness in some businesses. This is especially the case when dealing with longer term ill or injured employees....more

Religious Institutions: August 2015

The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more

Indirect discrimination claim may be brought where Claimant does not have protected characteristic

In the case of CHEZ Razpredelenie Bulgaria, the European Court of Justice (“ECJ”) has extended the concept of indirect discrimination to cover those who do not have a protected characteristic, but who are associated with such...more

EEOC Finds Sexual Orientation Discrimination Prohibited by Title VII

In a landmark ruling, the Equal Employment Opportunity Commission (EEOC) held that an employee alleging discrimination based on sexual orientation states a viable claim under Title VII of the Civil Rights Act of 1964. The...more

That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

The Key to Fostering Employee Engagement in Workplace Harassment Training

OCEG Chair Scott Mitchell and The Network’s VP of Product Management and Corporate Development, Jimmy Lin, discuss how to foster engagement around areas that affect companies of all sizes, such as workplace harassment...more

Connecticut Passes Two Employment-Related Bills: Pay Secrecy and Workplace Protections for Interns

Bill Barring Pay Secrecy - On July 2, 2015, Governor Dannel P. Malloy signed Public Act 15-196, "An Act Concerning Pay Equity and Fairness” (“Pay Equity Act”), which makes it illegal for Connecticut employers to prohibit...more

Rhode Island Modifies its Fair Housing Practices Act to Include Military Status Under Discrimination Protections

On July 9, Governor Raimondo signed S.0241, which amends the Rhode Island Fair Housing Practices Act to include discrimination based on a person’s military status as a prohibited and unlawful housing and credit granting...more

The EEOC Rules That Existing Federal Law Prohibits Employment Discrimination Based On Sexual Orientation

In a landmark ruling on July 15, 2015 in _____ [name of charging party kept secret] v. Foxx, EEOC Appeal No. 2012-24738–FAA-03 (July 15, 2015), the U.S. Equal Employment Opportunity Commission (“EEOC’) held for the first time...more

CLIENT ALERT: Delaware Expands Employment Anti-Discrimination Statute

Delaware recently joined a growing number of states by expanding its employment anti-discrimination statute to provide protections to employees who are victims of domestic violence, sexual offenses, or stalking. In addition...more

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

EEOC Rules Discrimination Based on Employee's Sexual Orientation Is Sex Discrimination Under Title VII

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued a potentially groundbreaking decision finding that discrimination based on "sexual orientation" can be brought under Title VII of the Civil...more

Closing the Gender Pay Gap

This week the Government confirmed it will issue regulations requiring employers who have 250 or more employees to publish gender pay information. This blog explores the impact for employers. The Government has now...more

Big Data & Employer Recordkeeping Requirements

Last week, the Equal Employment Opportunity Commission sued a janitorial and facilities management company for its failure to keep adequate recruitment records. The EEOC alleges that the company used “criminal history...more

Employee Benefits After The Supreme Court’s Same-Sex Marriage Decision

The Supreme Court’s recent decision in Obergefell v. Hodges establishes a national right to same-sex marriage and requires states to recognize same-sex marriages performed in other states. Generally speaking, this...more

Last-Minute Amendments to California’s Sick Leave Law

Employers should review the amendments, which address some of the challenges for implementing the sick leave law that took effect July 1. After extensive legislative negotiation, the California State Legislature passed...more

Same-Sex Marriage and Employment Discrimination: The Future of Sexual Orientation Bias Claims

On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

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