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

Infographic: New EEOC Stats Show Critical Need for Improved Workplace Harassment Training

I personally find harassment and discrimination to be a very frustrating issue. We all know we shouldn’t do it. It’s intuitive. We learn from a very early age to treat people with kindness and to not discriminate, and yet,...more

Another Federal Player in the Social Media Sandbox

There seems to be room in the sandbox for lots of people to play. Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law. But another federal...more

EEOC Roundup (January 2014)

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Spring Cleaning: Time for Employers To Freshen-Up Job Descriptions

All too often, once a candidate is hired for a position, job descriptions are filed away and rarely referred to until it is time to recruit for the position again. Because an employee’s job duties often evolve over time,...more

Corporate and Financial Weekly Digest - Volume IX, Issue 12

In this issue: - Delaware Supreme Court Upholds Chancery Court Ruling that Applied Business Judgment Rule to Going Private Transaction with Controlling Stockholder - Amendments to Uniform Branch Office...more

New Data Shows Dip in Discrimination Charges Filed with EEOC

Discrimination claims in FY 2013 fell by almost 6% from the previous fiscal year, according to new data released as a supplement to the Equal Employment Opportunity Commission's Performance and Accountability Report (PAR) for...more

Miners’ Discrimination Complaints: What’s an Operator to do?

Mine operators across the United States are facing an unprecedented number of miners’ discrimination complaints filed under Section 105(c) of the Mine Act. The rise in discrimination complaints can be partly attributed to job...more

Evidence: Subjectivity By Itself Is Not Proof Of Unlawful Race Discrimination

The Bible contains the story of Gideon, who pared down an army of 32,000 to a meager 300 to defend his homeland. Gideon wasn’t looking for a large number of soldiers; rather, he was looking for a particular type of soldier....more

Federal Court Decision Highlights Importance of Documenting Employment Actions

A recent decision by the Seventh Circuit in Zayas v. Rockford Memorial Hospital highlights for employers the importance of documenting disciplinary actions taken with employees. Despite the plaintiff's evidence of...more

2014 Minnesota Legislative Session Opens with Multiple Bills of Concern to Minnesota Employers

Members of the Minnesota legislature recently introduced seven bills that could have very significant implications for Minnesota employers if passed into law. The bills will be heard in House committees this week and may move...more

Employer's quick action bars racial harassment claim

Recently, a federal circuit court of appeals overturned a six-figure jury award in a case alleging racial harassment that involved talk of lynching and thinly veiled references to the Ku Klux Klan. Here’s another example of...more

Employers Must Take Care to Avoid Discrimination When Completing Form I-9

The Immigration Reform and Control Act of 1986 (IRCA) requires all US employers fill out Form I-9 upon hiring an employee to verify his or her employment eligibility. Although it may seem straightforward to request that an...more

Employment Flash - February 2014

In This Issue: - US Supreme Court Rules on Donning and Doffing Issue - NLRB Judge Invalidates Arbitration Agreement Without Class Action Waiver - Second Circuit Rules on Single Employer Liability Under the WARN...more

Not all offensive behavior is actionable

There are a lot of good reasons for employers to want to eliminate workplace confrontations. Disputes among employees affect productivity, make for an unhappy and unprofessional work environment, and can escalate to more...more

2014 Employment Law Update

Whether you choose to set a New Year’s resolution or not, the start of a new year is normally full of changes if you are a business owner or employer. 2014 is no different, with dozens of new employment laws going into...more

Recent Appeals Court Case Is A Reminder That A Lateral Transfer Could Be Viewed As An Adverse Action For Employment...

Legal precedent is not entirely consistent regarding whether lateral transfers constitute adverse actions sufficient to support discrimination claims by affected employees. However, a recent case from the Sixth Circuit...more

Evolving Concepts of Discrimination in the Workplace

Shifts in attitudes and changing social mores impact workplace dynamics in ways that are difficult to measure. In some instances, a change in social customs gives rise to the need for new laws, regulations or policies...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

With the State of the Union Likely To Highlight Gender Equality, It is Time to Ask Whether Your Organization is on Track for a...

It has been almost eight years since the United States Supreme Court decided the Lilly Ledbetter case under Title VII and six years since President Obama invited Ledbetter to attend his State of the Union address. You may or...more

Yes, Employers Can Win Summary Judgment In State Court

Given the opportunity, most defense lawyers will remove an employment discrimination case filed in state court to federal court because federal judges are more inclined to grant summary judgment, i.e. a judgment in favor of...more

New Year Means New Laws for Public Employers in California

Like death and taxes, new employment laws are inevitable with each new year. In 2014, public employees are facing a bevy of new laws, including those that address leave, discrimination and retirement benefits and those that...more

Fenwick Employment Brief - January 2014

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

New Jersey Appellate Division Holds Age Discrimination Plaintiff Need Not Show She Was Replaced Or Her Employer Sought A...

The New Jersey Appellate Division recently held that in an age discrimination case, the fourth element of the plaintiff’s prima facie burden—that plaintiff was replaced (or the employer sought a replacement) by someone...more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

Employment Law Newsletter - January 2014

In This Issue: - 2013 Virginia Employment Law in Review - Avoiding Pitfalls of Severance Agreements - Excerpt from 2013 Virginia Employment Law in Review: In anticipation of a new year, the...more

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