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

Extending gender pay gap reporting to public sector employers

Following the women’s march over the weekend, in which hundreds of thousands of women globally took to the streets to march for women’s rights, it seems apt that only last week the Government published the draft Equality Act...more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Understanding National Origin Discrimination – Part 2

Last week, we discussed the definition of national origin discrimination and the requirements imposed on employers by state and federal law. Today’s post provides examples of workplace issues involving workers’ national...more

Algorithms and bias: What lenders need to know

The algorithms that power fintech may discriminate in ways that can be difficult to anticipate—and financial institutions can be held accountable even when alleged discrimination is clearly unintentional....more

Health Care Reform in Transition While Congress Deliberates

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

The EEOC Report: A Look Back at 2016

Happy New Year! The EEOC has released its report for the year 2016, and along with its statistical data are a few very positive trends with regards to how charges are processed and received. The Numbers from 2016...more

Your Daily Dose of Financial News

On the heels of Deutsche Bank’s $7.2 billion deal, Credit Suisse has finalized the terms of its own MBS-related settlement. The Swiss bank will pay $5.3 billion to resolve claims that it misled investors about the standards...more

Connecticut Supreme Court: Punitive Damages Are Not Recoverable Under State Employment Discrimination Statute

The Connecticut Supreme Court rang in the new year with a ruling long awaited by employers, settling the lingering question as to whether punitive damages are recoverable for claims under the Connecticut Fair Employment...more

Judges discriminated against in judicial pension scheme reforms

Six High Court judges have succeeded in their claims against the Ministry of Justice about the introduction of the judicial pension scheme reforms. All six judges alleged that they had been discriminated against on the...more

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more

Florida School Board Settles Pregnancy Discrimination Case with U.S. Department of Justice

The Palm Beach County School Board (“School Board”) recently settled a lawsuit brought by the United States Justice Department alleging that a local school’s principal unlawfully demoted an assistant principal after she...more

The Equal Employment Opportunity Commission Seeks Public Input on Proposed Harassment Enforcement Guidance

On January 10, 2017, the Equal Employment Opportunity Commission (EEOC) announced that it had released for public input its proposed enforcement guidance on unlawful harassment under federal employment discrimination laws....more

Dodging Disparate Impact Claims

There has been significant buzz lately regarding the risk of discrimination in the sharing economy. Not only has the Equal Employment Opportunity Commission (EEOC) published its intent to prioritize protections in the...more

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

Third Circuit Allows “Subgroup” Disparate-Impact Claims to Proceed Under The ADEA

Employers are well aware of the federal Age Discrimination in Employment Act (“ADEA”), which protects individuals over the age of forty, as well as its disparate-impact provision, which makes it unlawful for an employer to...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

OFCCP Sues Google, Seeking Pay Data

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks...more

Workplace Policy Institute Insider Report - January 2017

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

A grab bag of fraud, human rights and contract disputes

The Supreme Court of Canada’s Winter Term begins on January 11. The most notable case on the docket is Deloitte & Touche v Livent Inc. In 2014, Ontario trial judge Justice Gans awarded Livent's receiver $118 million in...more

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

UPDATE: District Court Denies Preliminary Injunction in AARP Suit to Block Final Rules on Employee Wellness Programs

The U.S. District Court for the District of Columbia (Judge Bates) has denied AARP’s request to block the implementation of the EEOC’s final wellness regulations pending a decision on the merits. As we have discussed...more

New Rule On Unfair Immigration-Related Employment Practices Effective January 18, 2017

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ’s regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to to unfair immigration...more

Apply Here! (with Everyone Else): ADA Does Not Mandate Noncompetitive Reassignment

When you can’t reasonably accommodate a disabled employee in the current position, do you have to give the employee a vacant position or can you follow your usual, competitive process? In EEOC v. St. Joseph’s Hospital, Inc.,...more

California Employers: Time to Gear Up for 2017

Now is the time of year for California employers to review the numerous employment laws that will be going into effect in 2017 to ensure that their policies and practices are in compliance and properly address new...more

OCR Complaints – Trends and Predictions

The U.S. Department of Education’s Office for Civil Rights (OCR) recently issued two reports highlighting its work during both fiscal year (FY) 2016 and President Obama’s entire eight-year term of office. The number of OCR...more

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