Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
News & Analysis as of

New Jersey Employment Posters Updated, Yet Again

The New Jersey Division on Civil Rights (NJDCR) just modified its Discrimination in Employment poster, which all New Jersey employers are required to display. The new poster adds “pregnancy” to the list of protected...more

Obama Signs LGBT Discrimination, Affirmative Action Order

This morning President Obama signed an Executive Order amending the 1965 Executive Order 11246. President Obama’s EO prohibits discrimination and requires affirmative action by federal contractors based on sexual orientation...more

Pregnancy Discrimination Is Focus of EEOC’s Updated Enforcement Guidance

On July 14, the U.S. Equal Employment Opportunity Commission (EEOC) released enforcement guidance on pregnancy discrimination and related issues, its first comprehensive update in 30 years. The guidance covers the...more

Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer

On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that...more

Bill Prohibiting Discrimination Against Unemployed Applicants Reaches New Jersey Governor’s Desk

On June 30, 2014, the New Jersey Legislature passed a bill (S1440) that would add unemployed applicants to the growing list of protected classes under New Jersey law. First referenced in the March 2014 issue of the New Jersey...more

Northern District of California Addresses Functional Discounts, Price Discrimination Claims

In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and allowed others to...more

Fifth Circuit Issues Important Ruling on Affirmative Action in Higher Education

Earlier this week, in Fisher v. University of Texas, a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of the undergraduate admissions program at the University of Texas at...more

New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced

In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more

Effective July 1, 2014: New Tennessee Laws

New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring...more

Baby on Board: The EEOC's Updated Enforcement Guidance on Pregnancy Discrimination

On July 14, the Equal Employment Opportunity Commission issued updated enforcement guidance on pregnancy discrimination and related issues. "In addition to addressing the requirements of the Pregnancy Discrimination Act...more

End Around ENDA?

For several years, lesbian, gay, bisexual and transgender (LGBT) rights groups have been lobbying Congress to pass the Employment Nondiscrimination Act (ENDA), which would prohibit sexual orientation and gender identity...more

New OHRC Policy Provides Practical Guidance to Employers

It is estimated that one in five Canadians will experience a mental health disability or addiction in their lifetime. In light of this staggering statistic, employers are often faced with the challenging task of identifying...more

EEOC Enforcement Guidance on Pregnancy Discrimination Adds ADA Duties of Reasonable Accommodation

On July 14, 2014, the EEOC issued its long-anticipated Enforcement Guidance on Pregnancy Discrimination and Related Issues (the Guidance), which, according to Commissioner Lipnic, "adopts new and dramatic substantive changes...more

EEOC Issues Pregnancy Discrimination Enforcement Guidance

The guidance was issued over steep objection from two commission members and raises questions about its statutory authority and timing....more

Week in Review

Some high profile companies, including two technology giants, made headlines this week after former employees filed lawsuits against them alleging discrimination and harassment. The case against Yahoo is likely to be...more

Pregnancy Guidance Seems to Require Light Duty For All

The EEOC’s pregnancy discrimination guidance issued July 14 affects more than just the rights of pregnant women in the workplace. Although nominally titled as an enforcement guidance regarding “pregnancy discrimination,” the...more

Federal Contractor Settles Second Charge of Race Discrimination with OFCCP

A federal contractor agreed to settle charges by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) that it discriminated in its hiring practices by creating multiple barriers in its paper...more

New EEOC Guidance on Pregnancy Discrimination

On July 14, the EEOC issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues” along with a Q&A document about its Guidance, and a Fact Sheet for Small Businesses. ...more

EEOC Issues New Pregnancy Discrimination Guidelines

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC), in a split decision, issued new guidelines regarding its enforcement of pregnancy discrimination laws. Although the guidance should be carefully reviewed,...more

PDA and Young: Pregnancy Discrimination Law to Break from Its Infancy

On the heels of the Hobby Lobby decision in late June, the Supreme Court has signaled that women’s health issues in the workplace will continue to be a central issue by granting a petition for certiorari in Young v. United...more

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

Uganda Be Kiddin’ Me: United States Slaps On Sanctions in Response to Anti-Gay Law

Last month, the United States announced new sanctions against Uganda in response to human rights violations, targeted discrimination, and draconian criminal penalties. Specifically, on June 19, the Obama administration...more

The EEOC Releases Updated Enforcement Guidance on Pregnancy Discrimination and Related Issues

The EEOC released its updated enforcement guidance on pregnancy discrimination yesterday — the first time it’s done so in more than 30 years. ...more

New EEOC Guidance Expands Protection for Pregnant Employees

The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA"), and, not surprisingly, taken a very expansive view of the protections to be afforded pregnant employees....more

EEOC Updated Guidance on Pregnancy Discrimination Expands Protections and Requires Accommodations for Pregnant Employees

On July 14, the Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on pregnancy discrimination and related issues, along with a question and answer document about the updated guidance and an...more

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