Anti-Retaliation Provisions Discrimination

News & Analysis as of

California Employment Law Notes - November 2015

Newly Enacted California Statutes - Paid Sick Leave Law Is Amended - The amendments to the law include a clarification as to who is a covered worker; alternative accrual and payment methods; and a grandfather...more

Summary of Key New California Laws for 2016: What Employers Should Know

Governor Brown has signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the heading of the Assembly Bill (AB) and/or...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

California Enacts Toughest Equal Pay Law in the Country

Governor Jerry Brown signed the California Fair Pay Act (Fair Pay Act or the Act) last week. The law, which has been described as the toughest equal pay law in the country, strengthens protections that have been in place...more

New OFCCP changes to federal contractor pay practices

September was a busy month for federal contractors due to new regulatory requirements. Earlier last month, we told you about President Obama’s new executive order requiring covered government contractors to provide their...more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

New Jersey’s Law Against Discrimination Does Not Go So Far As To Protect “Weight, Appearance, or Sex Appeal”

The New Jersey Appellate Division recently affirmed summary judgment for the defense on several claims in the widely-followed “Borgata Babes” case, reining in the plaintiffs’ attempt to expand the New Jersey Law Against...more

Two New Developments Affecting Federal Contractors

On September 7, 2015, President Obama issued an Executive Order establishing paid sick leave for federal contractors. The Executive Order currently applies only to contracts entered into on or after January 1, 2017....more

Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases

Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or...more

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Fourth Circuit Decides Rule Exempting Certain Management Professionals from Retaliation Lawsuits Not Applicable under Title VII

Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...more

Firing of Employee After His Angry Outburst During Mediation Did Not Constitute Retaliation

While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an...more

NJ Supreme Court Clarifies Employee “Protected Activity”

The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws. On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more

EEOC Releases Its Strategic Enforcement Plan

On December 17, 2012, the EEOC released its Strategic Enforcement Plan. As previously reported, the EEOC released the draft SEP for public comment on September 4, 2012, with a plan to vote on and implement it by October 1....more

Labor Letter, January 2013: Preventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company

The Mine Safety and Health Administration (MSHA) recently announced what many mine operators and independent contractors have experienced for the past several years – a heightened focus on, and tremendous increase in, the...more

EEOC Approves Strategic Enforcement Plan

On December 18, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Enforcement Plan (SEP) highlighting six high-priority target areas. The SEP stresses that the EEOC’s enforcement efforts...more

American Samoa Government and EEOC Settle Age Discrimination Suit

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

Trinity Health Corporation Agrees to Settle EEOC Retaliation Lawsuit

Company Had Policy of Delaying or Denying Severance Payments to Employees Who Signed Severance Agreements and Then Filed Discrimination Charges, Agency Says - INDIANAPOLIS - Trinity Health Corporation, a national...more

EEOC Approves Strategic Enforcement Plan

Commission Establishes Priorities for Enforcement and Strategies for Integrating Agency Responsibilities - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) recently approved a Strategic Enforcement...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

EEOC Releases Strategic Enforcement Plan

The Equal Employment Opportunity Commission ("EEOC" or the "Agency") recently released a draft of its Strategic Enforcement Plan for Fiscal Years 2012 through 2016. The Agency has requested public comment on the Plan, which...more

EEOC Strategic Enforcement Plan

Last month, the Equal Employment Opportunity Commission (“EEOC” or the “Agency”) released a draft of its Strategic Enforcement Plan for Fiscal Years 2012 through 2016. The Agency is seeking public comment on the Plan, which...more

EEOC Delays Release of Strategic Enforcement Plan, Suggesting Revisions to Draft Plan Likely

On September 4, 2012, the EEOC released for comment its draft Strategic Enforcement Plan (SEP). The EEOC invited the public to comment on the SEP by September 18, 2012, with a plan to vote on the draft at the end of September...more

Summary of the EEOC’s New Strategic Enforcement Plan and What Employers Need to Know

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) recently released to the public its draft Strategic Enforcement Plan (SEP or Plan). The SEP will take effect October 1, 2012, and will remain in effect...more

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