Anti-Discrimination Policies

News & Analysis as of

The Benefits of Equality: How Same-Sex Marriage Can Strengthen Your Business

Regardless of whether you believe the Supreme Court should have decided the issue, last week’s decision on marriage equality has the potential to benefit your business. Because the decision creates a uniform definition of...more

A Review of the Supreme Court’s 2014 - 2015 Term

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

SCOTUS Alert: Same-Sex Marriage is a Go, and ACA Stays Alive

Two big decisions in two days from the Supreme Court. Read on for details. Same-Sex Marriage is a Go! Today, the United States Supreme Court issued a monumental decision in Obergefell, et al. v. Hodges, et al.; Case No....more

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

BREAKING: NYC "Bans the Box," Barring Most Pre-Employment Criminal Inquiries

Just weeks after prohibiting employers from using credit checks, the New York City Council Wednesday passed yet another bill that handcuffs businesses attempting to vet new job applicants. Most notably, the bill, commonly...more

Dollar General Pays $32,500 to Settle EEOC Race Discrimination Suit

Employee Denied Promotion Because of Race, Federal Agency Charged - JACKSON, Miss. - Dollar General Corporation will pay $32,500 and furnish other relief to settle a race discrimination lawsuit filed by the U.S. Equal...more

Sometimes You Just Cannot Make This Stuff Up

Warning: The following is true. Some readers may find the content disturbing. Reader discretion is advised. We have previously stated, although in somewhat tongue-in-cheek fashion, that labor and employment is the “TMZ”...more

Tools for Preventing and Addressing Discrimination in the Workplace

Combatting the five most common forms of workplace discrimination. Workplace discrimination, in any form, can poison company culture, stifle innovation and depress morale. But the harmful effects go much further. It can spell...more

OSC “Pattern and Practice” Investigations to Continue

Over the past few years, the number of employer investigations—and perhaps more noteworthy, the amount of the penalties assessed—by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has...more

The Supreme Court Weighs The Constitutionality Of Restricting Marriage To Opposite Sex Couples, And The Impact Their Decision May...

Background - Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more

Handling Controversial Conversations in the Workplace

Managers can’t stop controversial conversations from happening in the workplace, but they can be equipped to help employees handle those conversations fairly and respectfully....more

Utah Legislature Expands Antidiscrimination Laws to Address LGBT and Religious Rights

Last night, the Utah House passed landmark legislation (the "Act") already approved by the Senate that modifies Utah's antidiscrimination and fair housing acts to provide protection for lesbian, gay, bisexual, and transgender...more

Utah Legislators Make History, Pass LGBT Antidiscrimination/Religious Freedom Bill

Utah legislators made national headlines last night when they approved a bill providing antidiscrimination protections to LGBT employees coupled with protections for religious expression in the workplace. Titled the Utah...more

EEOC Signs National Memorandum of Understanding with Philippine Foreign Affairs Department

Agreement Will Strengthen Collaboration Aimed at Educating Immigrant Workers on Their Rights Under U.S. Anti-Discrimination Laws - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) and the...more

NJ Supreme Court Rules on Supervisor Liability in Hostile Work Environment Sexual Harassment Cases

On February 11, the New Jersey Supreme Court issued its decision in Aguas v. New Jersey, No. A-35-13 (072467), holding that an employer’s antidiscrimination policy can be an affirmative defense to sexual harassment hostile...more

New York Employment Roundup: January 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of new legislation and judicial opinions. To keep our readers current on the latest happenings, we will share regular summaries of...more

Anti-Discrimination and Anti-Retaliation Policies Save Employer from $3.5 Million Punitive Damages Award

On January 7, 2015, the U.S. District Court for the District of Puerto Rico issued an opinion overturning a jury’s $3.5 million punitive damages award for retaliation claims brought under Title VII and Puerto Rico law,...more

Medical Marijuana Cards: A New Scarlet Letter? First-of-its-Kind Lawsuit in Rhode Island Claims that Employer Discriminated on...

A Rhode Island graduate student has filed a lawsuit against a textile company, alleging that it discriminated against her because she used medical marijuana. The complaint, filed by the local ACLU chapter on behalf of...more

"Title II or Bust: The FCC Wrestles With Net Neutrality"

Over the past few weeks, a number of significant developments have impacted the Federal Communication Commission’s (FCC) ongoing proceeding regarding network neutrality. On November 10, President Barack Obama surprised many...more

NJ Supreme Court to Decide Whether LAD Protects Divorcing Employee

Last week, the New Jersey Supreme Court agreed to address whether the protection against marital status discrimination under the state’s Law Against Discrimination (LAD) serves to prevent an employer from discharging an...more

Starting with Employee 1

While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee...more

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more

An Active OFCCP Plans Even More Changes for Federal Contractors: Equal Pay Reporting and Additional Antidiscrimination Provisions

OFCCP PROPOSES RULE REQUIRING FEDERAL CONTRACTORS TO SUBMIT EQUAL PAY REPORT - The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a news release on August 6, 2014 regarding a...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

Pennsylvania Anti-Discrimination Laws: Sexual Orientation and Gender Identity

Currently, federal and state (Pennsylvania) anti-discrimination laws protect against discrimination on the basis of sex (male vs. female), but not sexual orientation or gender identity/expression. However, a number of...more

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