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Anti-Discrimination Policies Discrimination Employer Liability Issues

Saul Ewing LLP

Illinois Amends IHRA to Protect Caregiver Status

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their...more

DLA Piper

Illinois Becomes Second State to Enact AI Law for Employers

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Perkins Coie

The Fearless Fund Decision: Implications for Corporate Giving and Constitutional Standing

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The U.S. Court of Appeals for the Eleventh Circuit released its much-anticipated follow-up decision in American Alliance for Equal Rights v. Fearless Fund Management, LLC, on June 3, 2024. The case has been closely watched by...more

DirectEmployers Association

OFCCP Week In Review: July 2024 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

DirectEmployers Association

New Hampshire Became 26th State to Enact its Version of Model CROWN Act

Model CROWN Act Ties Natural Hair Texture & Protective Hairstyles to Race/Ethnicity Discrimination Protections - EEOC Enforcement Stances Similar to Model CROWN Act - No Current Legal Consensus on Whether Title VII’s...more

FordHarrison

New Illinois Employment Laws (Likely) Coming Soon!

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The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

Farella Braun + Martel LLP

Employers Do Not Demonstrate Discriminatory Animus By Merely Repeating Pejorative Remarks When Investigating Complaints

In a victory for employers seeking summary judgment in employment discrimination cases, the Ninth Circuit held that discriminatory remarks that merely quote third parties—including pejorative phrases—do not create a genuine...more

Foley Hoag LLP

NYC Enacts Law Prohibiting Discrimination Based on Height and Weight

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On November 22, 2023, New York City’s law banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and/or weight went into effect. The law, signed on May 26, 2023 by...more

Sullivan & Worcester

New York City Bans Discrimination Based on Height and Weight

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Effective November 22, 2023, New York City has added height and weight to the list of characteristics protected against discrimination in employment, public accommodations, and housing (and other real estate). New York City...more

Alston & Bird

Is the DOJ’s “Pattern or Practice” of Extracting Settlements from Companies Not Hiring Immigrants Valid?

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Our Immigration Team explores the legal foundation of how the Department of Justice has convinced companies to settle suits brought under the unfair immigration-related employment practices statute....more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

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So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Clarifies “Cat’s Paw” and “Stray Remarks” Doctrines in Employment Discrimination Cases

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The Massachusetts Supreme Judicial Court’s (“SJC”) decision in Mark A. Adams v. Schneider Electric USA, Inc., SJC-13352 (2023) concerned the age discrimination claim of a plaintiff who was 54 years old when he was laid off by...more

Spilman Thomas & Battle, PLLC

Harassment Outside the Workplace: Can it Lead to Employer Liability?

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Dentons

HR Quick Take: Anti-Discrimination Laws

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Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...more

Sheppard Mullin Richter & Hampton LLP

New York State Amends Its Workplace Anti-Discrimination and Anti-Harassment Laws

On March 16, 2022, New York Governor Kathy Hochul signed into law two amendments to the State’s workplace anti-discrimination and anti-harassment laws. First, the New York State Human Rights Law (“NYSHRL”), New York...more

Sheppard Mullin Richter & Hampton LLP

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Fisher Phillips

Court Lowers Punitive Damages Bar In Claims Against NYC Employers

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The state’s highest court might have just made life more difficult for employers facing liability under New York City’s anti-bias law. Clarifying a question left open by New York City’s Human Rights Law (NYCHRL), the New York...more

Hogan Lovells

OFCCP Required To Share Statistical Findings In Enforcement Action

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Employers facing a determination by the OFCCP (Office of Federal Contract Compliance Programs) that they have violated the anti-discrimination laws applicable to federal contractors often confront a black box when trying to...more

Bradley Arant Boult Cummings LLP

Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination Ordinance

Last month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally...more

Tucker Arensberg, P.C.

Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

Tucker Arensberg, P.C. on

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment Law Authority - May/June 2017

THE EVOLVING DEFINITION OF SEX(UAL ORIENTATION) UNDER TITLE VII - On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, making...more

Zelle  LLP

The Retaliation Problem

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The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

FordHarrison

Headline news: Policies, procedures essential tools in fight against sexual harassment

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Last week, former Fox News Anchor Gretchen Carlson slapped Fox News Chairman and CEO Roger Ailes with a wrongful termination and sexual harassment lawsuit in New Jersey Superior Court. The lawsuit alleges that Ailes made...more

Littler

Employer's Anti-Discrimination Complaint Process May Toll the Statute of Limitations Under the Minnesota Human Rights Act

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Recently, the Minnesota Court of Appeals, in Peterson v. City of Minneapolis, ruled that a complaint process in an employer’s anti-discrimination policy may toll the statute of limitations under the Minnesota Human Rights Act...more

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