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 OFCCP changes to federal contractor pay practices

September was a busy month for federal contractors due to new regulatory requirements. Earlier last month, we told you about President Obama’s new executive order requiring covered government contractors to provide their...more

Top Tips for Employers: Using Analytics to Make People Decisions

There is more data stored electronically now than ever before. This includes financial data, sales transactions, emails, instant messages, and employee activities, to name a few. Real value can be derived from analysis of...more

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

California To Enact Broad “Fair Pay” Law Today

In an effort to close the wage gap between working men and women, the California legislature recently passed Senate Bill 358 (the “Fair Pay Act”) to amend California’s current equal pay law. Governor Jerry Brown is expected...more

Nursing Mother's USDOL Claim Settled

The U.S. Labor Department reports that a temporary-staffing employee has received $1,152 in back-wages and unspecified "other damages" for what it contended was a violation of the federal Fair Labor Standards Act's Section...more

#damonsplaining — Matt Damon can do it, but you can’t

Actor Matt Damon sure has had an up and down past few weeks. First, Damon made some questionable comments on HBO’s Project Greenlight, a documentary developed by Damon himself (along with some famous friends including buddy...more

That is SO last week - October 2015

Last week saw a lot of media coverage about “Yelp for People.” The app, called Peeple, allows users to rate friends, co-workers, and romantic partners based on a five-star rating system. Recruiters could review the ratings...more

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

California Passes Law Aimed to Bridge the Gender Wage Inequality Gap

On October 6, 2015, California's Governor Edmund G. Brown, Jr. signed into law Senate Bill (SB) 358, legislation intended to increase wage transparency and which will make it more difficult for an employer to defend against...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

A Final Look at CHRO Case Statistics – Part 3

So, in my prior two posts about the new case statistical reports from the Connecticut Commission on Human Rights and Opportunities, I’ve looked at the case statistics to see that harassment and terms & conditions claims are...more

ADA Suit Not Precluded By State Agency Decision

A district court improperly granted summary judgment to an employer defending against a claim of disability discrimination where the district court relied too heavily on the state agency’s finding that an employee failed to...more

Hudson City Savings Bank Reaches Largest Mortgage Redlining Settlement in DOJ History

The CFPB, DOJ, and Hudson City Savings Bank, F.S.B. (“Hudson City”) recently entered into the largest residential mortgage redlining settlement in DOJ history. On September 24, 2015, the parties filed a Joint Motion for Entry...more

October Antitrust Bulletin

On September 8, the U.S. Court of Appeals for the Seventh Circuit granted a motion filed by household products manufacturer Clorox for interlocutory appeal of two decisions by the U.S. District Court for the Western District...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

Director Corday testifies before House Committee on Financial Services

On Wednesday, September 29, CFPB Director Richard Cordray appeared before the House Committee on Financial Services to answer questions regarding the Bureau’s activities since March. Director Cordray used his introductory...more

EEOC Sues Philips Lighting for Retaliating Against Employee

Lighting Manufacturer Fired Employee Because of Grandfather's Discrimination Complaint, Federal Agency Charges - KANSAS CITY, Mo. - Philips Lighting, a Dutch company that provides goods and services in the fields of...more

Constitutional Right to Sell Beer?

Texas, like many states, has a patchwork of complicated, and often inconsistent, alcohol regulatory laws. A few years ago, Texas craft breweries were authorized to sell products to visitors for on-premises consumption. So, if...more

What Should Employers Expect During The New Supreme Court Term?

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Harassment and “Terms & Conditions” Claims Up Big; A Look at CHRO Statistics Part 2

In yesterday’s post, I talked about how employment claims being filed are up big at the CHRO. Indeed, in looking at the statistics further, I realized that it is the second highest number of claims being filed in the...more

That is SO last week - September 2015 #4

No matter how many times employment lawyers say that the ADA may require employers to provide more leave than the FMLA’s 12 week allotment, some just don’t get the message. Last week, the EEOC announced a $300,000 settlement...more

CFPB and DOJ announce redlining settlement

Consistent with recent indications from CFPB and Department of Justice officials that more redlining cases would soon be coming, the CFPB and DOJ have announced a proposed consent order with Hudson City Savings Bank to settle...more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

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