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

Be Thankful You’re Not An Employment Law Turkey

Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

Employment Law Navigator – Week in Review: November 24, 2015

Last week, the EEOC released its Fiscal Year 2015 Report, in which it describes 12 months of positive results. According to the report, monetary relief obtained for individuals was up, and the number of systemic charges of...more

Truthful Terminations May Lead to Better Consequences

We are often asked what, if anything, employers should tell an employee about the reasons for the employee’s termination, especially if the termination is abrupt. We tell employers to tell the truth....more

Looking Backwards and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY...

On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30,...more

Anti-Discrimination, Anti-Harassment, Anti-Retaliation Policies: Best Practices

Especially after New York Governor Cuomo’s expansion of the protection of women in the workplace through his Women’s Equality Agenda and his directive to the New York State Division of Human Rights to draft regulations to...more

New Law Prohibits Retaliation or Discrimination in Response to Request for Accommodation

Effective January 1, 2016, Assembly Bill 987 prohibits an employer from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of...more

New Law Expands Unruh Civil Rights Act

Senate Bill 600 expands the protections of the Unruh Civil Rights Act, a law designed to protect consumers. The Unruh Civil Rights Act already provides that all persons within the jurisdiction of this state are entitled to...more

Employees Participating in Court Proceedings May Have Protection

My colleague, Jarad Lucan (who just won a New Leader of the Law award from the Connecticut Law Tribune!) returns today with a post about the protections employees who testify in court may have. Most employers (at least...more

HHS’S New Anti-Discrimination Regulation Proposal Explained – Part 2

This is the second part in a two-part series about the HHS’s proposed anti-discrimination regulations - Gender Identity. Another area addressed in the regulations is “gender identity,” which refers to an...more

New FMLA Forms Address GINA Safe Harbor

The Department of Labor (“DOL”) recently revised and updated the template forms that the agency issues for use in Family and Medical Leave Act (“FMLA”) notice and certification. Some of these new forms have received...more

EEOC, Ecuador Firman Acuerdo de Asociación

Spanish Language Version. El Acuerdo Establece Relación De Colaboración En Contra De La Discriminación - WASHINGTON - La Comisión para la Igualdad de Oportunidades en el Empleo (EEOC, por sus siglas en...more

EEOC, Ecuador Sign Partnership Agreement

Agreement Establishes Ongoing Collaborative Relationship to Fight Discrimination - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) and the Republic of Ecuador today committed to work together to...more

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

Ninth Circuit Gives EEOC Broad Access to Employee Personal Information During Charge Investigation

When investigating administrative charges of discrimination, the Equal Employment Opportunity Commission often sends employers Requests for Information that seek details about employees similarly situated to the charging...more

Employers May Request Alternative Documents Following an Internal I-9 Audit

On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request...more

Discipline Based on Social Media Activity – An Update

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

“Make It a Triple”: EEOC Supersizes Wellness Program Rules, Again

In June 2013, DOL, HHS and IRS explained that they view employer-sponsored wellness programs as narrow exceptions to the ACA’s health status discrimination prohibition. Early this year, the EEOC slathered-on its own rules,...more

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Trial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals

In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based...more

Introduction of a Unified Status for "Manual" and "Intellectual" Workers in Belgium

Historically, there has been a distinction in Belgian labor law between blue-collar workers and the white-collar workers based on whether they performed manual or intellectual labor (articles 2 and 3 of the Act of 3 July 1978...more

EEOC Emitie Regla Proponiendo la Modificación del Título II De Gina

Regla Aclara Incentivos que Pueden Ser Proporcionados para Recibir Información Sobre La Salud de un Cónyuge que Participa en un Programa de Bienestar Patrocinado por el Empleador - WASHINGTON - El Viernes, 30 de octubre...more

Employment Law Commentary, October 2015

EU Employment Issues In M&A Transactions - Across industry sectors, there is one thing that all organizations have in common—people. Every organization needs a workforce to steer it in the right direction. This means...more

New York Expands Discrimination Protections Against Workplace Gender Bias

On October 21, 2015, New York Governor Andrew Cuomo signed into law a number of bills, which cumulatively expand protections against gender discrimination, sexual harassment, domestic violence, and human trafficking. This...more

Corporate Divorce Series: An Employment Relationship Fail

Few of us can honestly say that our job never disappoints us and the same can probably be said of personal relationships. But how do you know when you are in a failed employment relationship and what do you do about it?...more

Mom-Friendly Policies May Be A Nice Perk But Could Constitute Gender Discrimination

The EEOC, and at least some Plaintiffs’ lawyers, are taking the position that employers may not offer more parental leave to a birth mother than to a father, unless justified by medical necessity. Any other outcome, they...more

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