Discrimination Harassment

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

New Fair Housing Rule Extends Liability to Housing Providers for Harassment

This week, HUD issued a final rule that creates liability under the Fair Housing Act (FHA) for housing providers for occurrences of “quid pro quo harassment” or “hostile environment harassment.” The new rule takes effect on...more

Security Firm To Pay $115,000 To Settle EEOC Retaliation Suit

Guardsmark Fired Security Guard Working at Michigan Client Location For Opposing Sexual Harassment, Federal Agency Charges - DETROIT - Security giant Guardsmark has agreed to pay $115,000 and to provide other relief to...more

HUD Finalizes New Fair Housing Rule for Quid Pro Quo, Hostile Environment Harassment

The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." The new rule,...more

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

The Kaepernick Conundrum

By now most people have heard about the Colin Kaepernick story, and may have strong feelings one way or the other about the actions of the 49ers quarterback. In case you have been living under a rock for the past two weeks —...more

EEOC Task Force Issues Report on Harassment in the Workplace

In 2015, the Equal Employment Opportunity Commission (EEOC) received almost 28,000 charges of discrimination alleging workplace harassment — a number that has remained relatively constant over the last five years. In...more

California Court of Appeal Finds Fact Investigation by Outside Counsel is Privileged

In City of Petaluma v. Superior Court (Andrea Waters), the California Court of Appeal recently held that outside counsel's fact investigation of an employee's harassment and discrimination claims conducted prior to litigation...more

NJ Supreme Court Finds For Employees In Two Recent Cases

Seyfarth Synopsis: In two recent cases, the New Jersey Supreme Court unanimously expanded state law to protect individuals going through a divorce from discrimination, and remanded another case to the trial court with...more

EEOC Releases Draft Guidance Regarding National Origin Discrimination

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a draft of its new proposed enforcement guidance regarding national origin discrimination under Title VII – the first guidance it has issued on...more

Cooling hot political buttons

During every political campaign, I am reminded of the notion that if we speak about our co-workers or subordinates in the manner in which the American voter speaks about political candidates, we should expect some remediation...more

Significant Changes Made to California’s Anti-Discrimination and Anti-Harassment Laws

California is constructing better protections for employees and reinforcing state laws that make clear it is an employer’s affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing...more

Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

New California Harassment Policy Requirements, Effective April 1

Amended FEHA regulations cover a wide range of compliance topics and may require California employers to update their harassment and discrimination policies....more

It Isn’t An April Fool’s Joke – New Amendments to California’s Laws Against Discrimination Become Effective April 1

The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers. Although employers might have already spent the past few months implementing a host of new laws that took effect in...more

More Changes Ahead to the Rules of Professional Conduct?

Rule 8.4 of the Model Rules of Professional Conduct is a bit of a catch-all. In general terms, it prohibits "lawyer misconduct." Even more ambiguous, Rule 8.4(d) prohibits "conduct prejudicial to the administration of...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

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

Governor Cuomo Issues Executive Order Prohibiting Transgender Discrimination in New York State

On October 23, 2016, Governor Andrew Cuomo (“Governor Cuomo”) exercised his executive power to expand the New York State Human Right Law to include protections for transgender individuals. The announcement came during the...more

Sexist Comments in Blog Post by Union President not Discrimination “With Respect to Employment”

In Taylor-Baptiste v. Ontario Public Service Employees Union, the Ontario Court of Appeal was faced with the question of whether sexist and offensive posts on a blog created by a union member to discuss workplace issues...more

Transgender Individuals to Gain Protection under New York State Law

On October 22, 2015, at the Pride Agenda Dinner, Governor Cuomo announced that he plans to extend protections against discrimination in employment, housing and public accommodations to transgender individuals. The New York...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

“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

Transcending Gender In Schools: Is Gender Neutral The New Normal?

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to...more

Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations...more

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