News & Analysis as of

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

Louisiana Governor Signs LGBT Discrimination Executive Order in Public Employment and Services

On April 13, 2016, Louisiana’s new governor, John Bel Edwards, signed an executive order protecting state employees and employees of state contractors from discrimination on the basis of race, color, religion, sex, sexual...more

Employment Law Commentary, March 2016

The California Fair Employment And Housing Council Issues Proposed Regulations To Limit Consideration Of Criminal History In Employment Decisions - Employers take great measures to avoid hiring dangerous employees—not...more

FEHA Regulations for 2016

Don’t Be An April Fool - New Requirements for Employers' Anti-Harassment and Anti-Discrimination Policies Effective April 1st - Amendments to the Department of Fair Employment and Housing (“DFEH”) regulations...more

New NC Law Clarifies Scope of Some State Law Claims for Wrongful Termination

On March 23, 2016, Governor Pat McCrory signed into law House Bill 2, commonly known as the Public Facilities Privacy and Security Act. The act contains a significant provision clarifying North Carolina common law in the area...more

Connecticut District Court Allows Transgender Discrimination Claim to Proceed Under Title VII & CFEPA

In an decision of first impression in Connecticut, a federal court on Friday ruled that a transgender discrimination claim based on a failure to hire can proceed under both Title VII and Connecticut’s counterpart,...more

California Employers Must Update EEO Policies by April 1, 2016

New regulations under the California Fair Employment and Housing Act (FEHA) require employers of five or more employees to update anti-discrimination, anti-harassment, and complaint-investigation policies; update sexual...more

EEOC Issues New Fact Sheet for Small Businesses

Provides User-Friendly Overview of Federal Anti-Discrimination Laws in 30 Different Languages - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) issued today a new simplified, one-page fact sheet...more

The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation

As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination. It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited...more

Proposed NJ Equal Pay Bill Could Lead to More Wage Gap Disputes if Passed

On February 4, 2016, a bill that would close the wage gap amongst women and men advanced out of the New Jersey Senate Labor Committee. On average in New Jersey, studies have shown that women make 80.4 cents for each dollar a...more

A Culture of Inclusion: Transgender-Friendly Workplaces on the Rise

American Airlines, The Coca-Cola Co., Humana, Macy’s and Ford. All among the best-known brands in the world, each a stalwart of American business. All of them are among the most transgender-inclusive companies in the country...more

Transgender Roadmap: 10 Steps The EEOC Thinks Employers Should Take

Law360 reported yesterday morning that the Equal Employment Opportunity Commission settled a transgender discrimination and harassment lawsuit (not our Detroit-area funeral home case). Although the employer entered into the...more

EEOC Chair Jenny R. Yang Delivers Remarks at the Annual Meeting of the President's Interagency Task Force to Monitor and Combat...

The EEOC has made it a national strategic priority to protect victims of trafficking. Often when employers and their agents engage in labor trafficking, they may also be violating anti-discrimination laws. Laws enforced...more

Want to keep your internal investigations confidential? There may yet be hope.

In a recent blog post, we discussed the heavy restrictions the National Labor Relations Board (the “NLRB” or the “Board”) has placed on company policies that direct employees who participate in internal investigations to...more

Achiote Restaurant Sued by EEOC for Sexual Harassment and Retaliation

Young, Male Mexican-American Workers Were Sexually Harassed by Restaurant Manager, Federal Agency Charges - SAN DIEGO, Calif. - A San Ysidro, Calif., restaurant which serves Mexican food just north of the U.S.-Mexico...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

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

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

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

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

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

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

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