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

Eleventh Circuit Agrees That Discrimination Against Transgendered Employees Violates Title VII

In recent years, the Equal Employment Opportunity Commission and federal courts across the U.S. have increasingly agreed that discrimination against transgendered employees is a form of sex discrimination under Title VII....more

EEOC Cautions Employers About Discrimination Against Employees who are, or are Perceived to be Muslim or Middle Eastern

Late last month the U.S. Equal Employment Opportunity Commission (EEOC) issued a statement by its Chair Jenny R. Yang, as well as two informational Question and Answer Guidance documents about discrimination against employees...more

Off-duty Access for Employees May Open the Door to Some Other Unexpected Visitors

Employers who maintain lawful policies prohibiting employees from accessing the employer’s facilities when they are off-duty must still be careful to avoid a charge of discriminatory application of those policies -- and they...more

Bon-Ton Settlement Demonstrates Importance of Company Domestic Violence Policies

On November 19, 2015 the New York State Attorney General announced a settlement agreement with The Bon-Ton Stores, Inc., following allegations by an employee of one of its stores that the company had discriminated against her...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

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

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

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

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

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

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

New Women’s Equality Act Legislation Raises Bar for New York Firms

Last week, Gov. Andrew Cuomo signed into law eight (8) bills forming the bulk of the Women’s Equality Act, originally introduced in the New York State Legislature in 2012. The legislation amends the New York Labor Law and the...more

Reducing Discretionary Bonus May Constitute Adverse Employment Action

According to the U.S. Court of Appeals for the Second Circuit, a District Court erred when it held that reducing an employee’s discretionary bonus cannot constitute an “adverse employment action” – a necessary element of a...more

Summary of Key New California Laws for 2016: What Employers Should Know

Governor Brown has signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the heading of the Assembly Bill (AB) and/or...more

When Employee Models for Playgirl, Harassment May Be “Because of Sex”

Late last month, a federal court in Connecticut took another look at the prohibition of discrimination “because of sex” with a case that has all the elements of a “can you believe it” fact-pattern that will surely be used for...more

Tip-Toeing Around Class Actions: Can a “No Tipping” Policy End Wage and Hour Litigation in the Hospitality Industry?

Joining a budding national trend, renowned restaurateur Danny Meyer of Union Square Hospitality Group last week announced that he will eliminate formal tipping at his restaurants starting in 2016. Meyer stated that the new...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Second Circuit Will Not Review Adequacy of EEOC Investigation

In its most recent term, the U.S. Supreme Court held in the Mach Mining case that federal courts have limited ability to review whether or not the Equal Employment Opportunity Commission fulfilled its statutory duty to...more

Big Data in Human Resources = Big Decisions for HR Pros

Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

“Like” it or Not? Tips for Addressing Employee Social Media Use

At first, employee social media use sounds like a matter of common sense. Candidates for a job should be careful what they post on social media sites, and make sure they’re not sharing any unsavory details about their past...more

Governor Brown Signs Fair Pay Act

SB 358, the Fair Pay Act, was signed into law by Governor Brown yesterday. Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the...more

Strict New California Fair Pay Act Will Become Effective January 2016

In only a few months, employers in California will be subject to one of the strictest and most aggressive equal pay laws in the country. This week, Governor Jerry Brown signed the California Fair Pay Act (“Act”), Senate Bill...more

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