News & Analysis as of

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

President Obama Signs Executive Order Prohibiting Sexual Orientation and Gender Identity Discrimination

On July 21, 2014, President Obama signed an Executive Order that prohibits the federal government and private federal government contractors from discriminating against applicants and employees based on sexual orientation and...more

President Obama Plans to Sign LGBT Anti-Discrimination Executive Order

President Barack Obama will soon sign an executive order barring federal government contractors from discriminating against lesbian, gay, bisexual, and transgender ("LGBT") employees and job applicants, according to recent...more

Houston City Council Passes City's First Anti-Discrimination in Private Employment Ordinance

On May 28, 2014, the Houston City Council passed the city's first ordinance to ban discrimination in private workplaces, and to expand the types of prohibited discrimination for employers subject to this ordinance, as noted...more

Disparate Impact In Fair Lending: A Theory Without A Basis And The Law Of Unintended Consequences

The disparate impact theory of discrimination allows the government or a private plaintiff to establish discrimination based solely on the outcome of a neutral policy, without having to prove any actual intent to...more

Fired Employee Who Accused Coworkers of Sleeping with Boyfriend Lacks Triable Bias Claim

A retail employer did not violate federal civil rights laws or the Massachusetts state anti-discrimination law when it fired an employee because she made harassing, disparaging, and inappropriate accusations against her...more

Oklahoma Supreme Court Upholds New Discrimination Damages Caps as Constitutional

In late February, 2014, the Oklahoma Supreme Court, in MacDonald v. Integris Health, 2014 OK 10, upheld November 2011 amendments to the Oklahoma Anti-Discrimination Act (OADA), which abrogated common law remedies for victims...more

Not all offensive behavior is actionable

There are a lot of good reasons for employers to want to eliminate workplace confrontations. Disputes among employees affect productivity, make for an unhappy and unprofessional work environment, and can escalate to more...more

Washington Supreme Court Holds That the WLAD Exemption for Non-Profit Religious Organizations is Unconstitutional as Applied to...

The Washington Supreme Court has significantly limited non-profit religious organizations’ immunity from employment discrimination claims brought under the Washington Law Against Discrimination (“WLAD”), RCW 49.60. In...more

OCR Issues Dear Colleague Letter To Ensure Schools’ Compliance With Federal Anti-Discrimination Laws

On January 8, 2014, the U.S. Department of Education and the U.S. Department of Justice issued a Dear Colleague Letter to assist schools in administering discipline without discrimination on the basis of race, color, or...more

Why Train Our People on How to Avoid Sexual Harassment and Other Discrimination Claims?

We hear this often from business owners, managers, elected officials and administrators. Well, the answer is clear. Case after case holds that anti-discrimination training may be critical to the defense of a discrimination...more

Trends In N.J. Whistleblowing And Retaliation Law – 2013 Roundup

2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year....more

Nondiscrimination Testing for Health and Welfare Plans

Some employee benefits enjoy a tax-favored status under the Tax Code, but such favorable tax treatment applies with respect to certain highly compensated individuals only if the plans satisfy applicable nondiscrimination...more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

Beverage Distributors Ordered to Pay About $200K and Hire Sight-Impaired Employee in EEOC Disability Discrimination Suit

Jury Found Company Violated Federal Law by Shunning Legally Blind Applicant - DENVER - In a disability lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), a federal court in Denver has ordered...more

Associational Discrimination Claims under Massachusetts Law Require More than Just Association

“Associational discrimination” refers to a claim that a plaintiff, though not a member of a protected class, was still subjected to some type of adverse action because of his or her association with a member of a protected...more

Proposed New York Law Would Extend State Anti-Discrimination Protections to Unpaid Interns

A new bill introduced in the New York State Senate would extend many of the protections of the New York State Human Rights Law (NYSHRL) to unpaid interns. Among other things, the bill would make it illegal for employers to...more

Two New California Laws Will Affect Hiring and Fair Employment Practices

AB 556 Impacts All Employers; AB 218 Impacts Public Employers Only - Gov. Brown recently signed two bills that affect hiring and fair employment practices in California. Assembly Bill 556, which adds employment...more

Unpaid Interns One Step Closer to Receiving Protection Against Discrimination in New York

Last week we reported on a decision out of a New York federal district court refusing to extend the protections of the New York City anti-discrimination law to unpaid interns. That decision also confirmed that neither the...more

New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant...

The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against...more

New Jersey Expands Pay Equity Protections

On August 29, 2013, Governor Chris Christie signed a bill (A2648) into law barring employers from retaliating against employees who share information about their compensation with other employees in furtherance of a pay...more

Act Now Advisory: Amendment to New Jersey Law Against Discrimination Provides Protection for Employees Investigating Pay Inequity

A recent amendment to the New Jersey Law Against Discrimination ("NJLAD") prohibits employers from retaliating against employees who request certain information from co-workers regarding their salary, benefits, or other job...more

New Jersey Amends Law Against Discrimination and Expands Scope of Protection Against Retaliation

The New Jersey Law Against Discrimination (commonly referred to as the "LAD") has for years afforded protection to those who file a complaint, testify or assist in any proceeding, or who otherwise oppose any act forbidden by...more

EEOC's Philadelphia District Office and Mexican Consulate Sign Historic Outreach Agreement

Agreement Establishes Ongoing Collaborative Relationship Between the Two Entities - PHILADELPIA- The Philadelphia District Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of...more

Legal Alert: New Jersey Governor Signs Social Media And Gender Parity Laws

On August 29, 2013, New Jersey Governor Chris Christie signed into law two pieces of legislation that will have a significant impact on employers. A-2878, the "Facebook bill," prohibits employers from requiring or requesting...more

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