Annual Labor & Employment Update 2013
What is at will employment law?
Practical Guides Will Assist Employers and Employees -
WASHINGTON- The U.S. Equal Employment Opportunity Commission today issued two new technical assistance publications addressing workplace rights and...more
The fact that businesses use Facebook to screen job candidates for inappropriate behavior is well-known. However, some qualified job seekers may also face discrimination based on profiles that reflect solid, professional...more
Often, employees and applicants hold religious beliefs and engage in religious practices that conflict with workplace rules and employment practices. Title VII of the Civil Rights Act of 1964 typically requires employers to...more
About a year ago, a group of private citizens paid for a seven-foot-tall granite monument of the Ten Commandments and gained approval for it to be placed on the north end of the Oklahoma Capitol grounds. Not surprisingly, a...more
Direct evidence of discrimination is not required for an employee to succeed before the Human Rights Tribunal of Ontario, the Tribunal has decided. The decision provides guidance as to what evidence is required to prove...more
Survey data and federal statistics suggest that employers and employees are becoming less tolerant and accommodating of religious differences. The trend, if borne out, will have important legal implications for employers,...more
Last year, we reported on EEOC v. JBS USA, LLC No. 8:10CV318 (D. NE.). The case includes the EEOC’s pattern or practice claim that JBS failed to accommodate its Muslim employees’ religious practices at its Grand Island,...more
Last year was a busy one for the U.S. Equal Employment Opportunity Commission (EEOC), according to a report by the law firm Seyfarth Shaw LLP. During the fiscal year ending September 30, 2013, the EEOC sharpened its focus on...more
Within the last couple of years, we have highlighted a number of cases involving religion in the workplace and, specifically, religious accommodations, such as allowing employees to wear head scarves or other personal...more
Over the last few months, the EEOC has settled various religious discrimination lawsuits against employers across the U.S., including California....more
Is the corporate form incompatible with religious beliefs? California Attorney General Kamala Harris thinks so. In this amicus brief filed in Sebelius v. Hobby Lobby Stores, Inc., U.S. Supreme Court Docket No. 13-354, she...more
York University caused much controversy earlier this month by agreeing that a male student was not required to meet with female class members in connection with a group project. While the male student’s reason for the request...more
A recently released survey of American workers reveals some surprises as the American workforce becomes more diverse.
The Tanenbaum Center for Interreligious Understanding surveyed 2000 workers to learn about religious...more
EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit -
In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent...more
In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more
In This Issue:
Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more
Laurinburg Companies Unlawfully Fired Pentecostal Employee for Refusing to Wear Pants, Federal Agency Charged -
LAURINBURG, N.C. - Scottish Food Systems, Inc. and Laurinburg KFC Take Home, Inc. will pay $40,000 and...more
Company Required Employees to Participate in Scientology Religious Practices, Fired Two for Refusing, Federal Agency Charged -
MIAMI - Dynamic Medical Services, Inc., a Miami company owned by Dr. Dennis Nobbe which...more
Federal Agency Charged Muslim Trainer Was Constructively Discharged for Not Shaving Beard -
FRESNO, Calif. - McDonald's Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious...more
BB&K labor and employment law attorneys hosted a webinar focusing on new legislation and case law impacting California employers - private and public.
- New Legislation Public and Private Employers
Religious discrimination charges are on the rise. The U.S. Equal Employment Opportunity Commission (EEOC) has seen a 223% increase from 1997 to 2012. And over in the UK, the number of religious discrimination claims has more...more
Certain employee policies adopted by the clothing retailer Abercrombie & Fitch have been prominent in the news over the last several months. While the company has stood fast on these policies publicly, its track record in the...more
Who, What, Why . . .
Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff.
What are the legal issues: Holiday parties...more
Like festive lights and bow-wrapped luxury cars, ‘tis the season for horror stories from company holiday parties. Office holiday parties are a cherished tradition and a nice way for companies to thank their employees for a...more
With implications for employers, Court’s decision reinforces that non-mainstream religions also fall within the scope of the Equality Act.
On December 11, in R (on the application of Hodkin and another) v Registrar...more
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