Discrimination Employer Liability Issues

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

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

Job descriptions continue to be critical in defending against disability claims

The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an...more

Seek “Recent Graduates” for a Job Opening, Risk a Lawsuit

Employer job advertisements are, once again, coming under scrutiny. A few weeks ago, the U.S. Equal Employment Opportunity Commission (EEOC) made headlines when it filed a lawsuit against a restaurant chain over its job...more

GE Oil & Gas to Pay EEOC $5,300 for Contempt in EEOC Subpoena Enforcement Action

Company Failed to Comply With Court Order in Race and Age Bias Case - HOUSTON - A federal judge has ordered GE Oil & Gas, Inc., a subsidiary of General Electric Corporation, to pay $5,300 as a sanction for contempt of...more

Employers Beware: Could the Generosity of Volunteers Result in a Perceived Employer-Employee Relationship?

The generosity of volunteers builds a link between employers and the community, which frequently proves critical to accomplishing community and philanthropic work during times of need. Often times, there is too much to be...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2015

HIPAA in the Workplace - In late 2013, the Office of Inspector General issued a report critical of the Office of Civil Rights’ enforcement of the Health Insurance Portability and Accountability Act. OCR enforcement of...more

New Jersey Supreme Court Reshapes Sexual Harassment Claims

On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49...more

ACLU Sues Fabric Co for Discriminating against Medical Marijuana Patient

Changes in state laws concerning the medical and/or recreational use of marijuana have spawned a string of employment discrimination lawsuits by medical marijuana patients....more

Boon to New Jersey Employers: State Supreme Court Confirms that Federal Faragher/Ellerth "Affirmative Defense" Now Applies to...

On February 11, 2015, New Jersey's Supreme Court formally decided an important issue left open for nearly two decades concerning New Jersey's Law Against Discrimination (LAD). In Aguas v. State of New Jersey, __ N.J. __, No....more

Justice Department Warns Employers Not to Discriminate Against Workers in TPS Status

On February 2, 2015, the Justice Department announced the launch of an educational video reminding employers that Salvadorans with Temporary Protected Status (TPS) may continue working beyond the March 9, 2015, expiration...more

Developments in Pregnancy Discrimination Law: UPS, EEOC, and I

Readers of this blog have seen several posts on the topic of pregnancy discrimination. In the last couple of weeks, the following additional developments concerning the topic have occurred...more

Transgender Discrimination and the Equal Opportunity Workplace

Although most companies have workplace policies prohibiting discrimination and harassment based on an employee’s sex, race and religion, many companies have not yet added gender identity to the list of protected categories....more

What Happens When An Employee Admits I-9 Documents Were Fraudulent

On January 8, 2015, the U.S. Department of Justice (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 for...more

EEOC Releases Fiscal Year 2014 Enforcement and Litigation Data

Percentage of Claims Alleging Retaliation Reaches Record High, While Number of Charges Decrease - WASHINGTON-The U.S. Equal Employment Opportunity Commission (EEOC) today released a comprehensive set of fiscal year...more

Are Transgender Individuals Protected Under Title VII’s Ban on Sex Discrimination?

Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status. Jamal v. Saks & Company has sparked a heated debate over whether transgender...more

Employer Pay Practices Viewed as Potentially Discriminatory

The Tenth Circuit Court of Appeals recently rejected an employer’s argument under the Equal Pay Act (EPA) that a pay differential was justified because a female employee and her male counterparts do not have the same jobs....more

Quirky Question #252, OFCCP Guidelines Become Regulations?

Question: Have there been any recent changes in the rules governing federal contractors? Answer: On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of...more

New Government Contractor Regulations Define and Prohibit Workplace Sexual Bias - The Guidelines Are in Fact Requirements for...

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has proposed the first major substantive changes to its Sex Discrimination Guidelines in more than 40 years. The new regulations are significant...more

Avoid Being the Test Case for Gender Identity Discrimination

A former sales associate at Saks Fifth Avenue’s Houston, Texas store recently filed suit in federal court claiming discrimination based on her gender identity. Leyth Jamal is a transgender individual who identifies as a...more

OFCCP Announces Proposed Rules to Modernize Sex Discrimination Regulations

On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with...more

“Honest Belief” Defense Remains Unresolved In California

The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law. Instead, in Richey v. Autonation, Inc., the Court punted on the...more

Is Your Company Prepared? Proposed Rule Changes Targeting Discrimination on the Basis of Sex, Gender Identity and Gender Norms

The U.S. Department of Labor recently announced a proposed rule change that would rescind the existing Sex Discrimination Guidelines found at 41 C.F.R. part 60-20 and replace those provisions with new rules regarding current...more

Two Men Receive $7.6 Million in Goldman Sachs Wrongful Firing Suit

A pair of former brokers for Goldman Sachs & Company’s Los Angeles offices earned $7.6 million in monetary awards after filing a wrongful termination and discrimination suit against the company. The men, Chris Barra and Luis...more

DOJ Announces Transgender Discrimination Prohibited under Title VII

According to a memo released by Attorney General Eric Holder, the Department of Justice (DOJ) will now interpret federal law — specifically Title VII of the Civil Rights Act — to prohibit workplace harassment and...more

Employers, Don’t Be Caught In The “Bogus RIF” Trap!

I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal – “Employee Theft Often Leads Small Firms to Make Bad Choices” — as advising the “bogus RIF” strategy...more

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