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.
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Employers commonly compare and rely on the relative performance of employees in making many employment-related decisions, including promotion and termination decisions. Employee performance is a legitimate, non-discriminatory...more
Employers frequently use credit reports (sometimes referred to as “consumer reports”) as a tool in determining whether to hire, promote or retain an employee. The Fair Credit Reporting Act (FCRA), a federal law, allows an...more
Leading National Food Distributor Systematically Refused to Hire Women, Federal Agency Charges - BALTIMORE - A national marketer and distributor of national and proprietary-branded food and food-related products...more
Setting the correct salary is never easy and is more an art than a science. In the current economic climate the market fluctuates according to industry, geographical location, budgetary constraints and a whole host of other...more
The Equal Pay Act prohibits employers from paying a female employee less than a male employee for work that requires substantially equal skill, effort and responsibility, and that is performed under similar working conditions...more
The Equal Employment Opportunity Commission (EEOC or Commission) recently filed federal lawsuits against Dollar General and a BMW manufacturing plant in South Carolina based on the EEOC’s revised guidance concerning use of...more
In the 1800s, Irish immigrants to the United States were looked down on and treated poorly. Indeed, they were so illtreated that saying someone had the “luck of the Irish” was a humorous way of saying that the person was...more
This morning, the U.S. Supreme Court granted certiorari in Township of Mount Holly, New Jersey, et al. v. Mt. Holly Gardens Citizens in Action, Inc., et al. (No. 11-1507)....more
The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....more
Effective June 11, 2013, it will be illegal for New York City employers, with at least four employees, to discriminate against persons because of having been unemployed....more
In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more
On June 11, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits against Dollar General and BMW Manufacturing Co. LLC, accusing each company of discriminating against Black job applicants...more
Complaints filed Monday, June 3, 2013, with the Office for Civil Rights of the U.S. Department of Health and Human Services (OCR), allege that an employer that receives federal funding may not exclude pregnancy coverage in a...more
In This Issue: - Supreme Court May Hear Case of Union Picketers on Private Property - Republicans Prepare for Fight Over Immigration Legislation - E-Verify System Could be Harming Some Legal Workers - Study...more
We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise. Earlier this month, the U.S. Supreme Court...more
Effective October 1, 2013, Nevada employers will be prohibited from discriminating or taking an adverse employment action against an individual who is a member of the Communist Party. +2013 Bill Text NV S.B. 506....more
Last year the United States Equal Employment Opportunity Commission published its strategic enforcement plan in which the agency identified its priorities for the years 2013 to 2016. ...more
New case law and statutory changes increase litigation and liability risk for employers that fail to comply with both federal and state lactation break laws....more
Security Companies Liable For Pregnancy, Disability Discrimination and Retaliation as Successors to Defendant-Employer DTM Corporation, Federal Agency Said - BALTIMORE - CSI Corporation of DC will pay $12,000 to...more
In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more
The 5th Circuit unanimously reversed a well-publicized lower court's ruling in a sex discrimination case and held for the first time that lactation is related to pregnancy and, therefore, covered by Title VII and the...more
As we previously advised in the April 2013 issue of Epstein Becker Green’s Take 5 Newsletter, on June 11, 2013, over Mayor Michael Bloomberg’s veto, an amendment to the New York City Human Rights Law (“NYCHRL”) becomes...more
Two recent court decisions illustrate the difficult burdens of pleading and proof that face cable networks and distributors alike in asserting carriage dispute claims, whether based on an MVPD’s alleged discrimination in...more
The situation is a common one. - Employer terminates the employment of an employee. - Employer provides a severance agreement with its signature already affixed....more
When I’m not lawyering, I like to spend time around horses. That sometimes means spending time observing the habits of horse barn owners and other operators of small agricultural facilities. ...more
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