News & Analysis as of

New Jersey Likely Next to Ban Discrimination Against the Unemployed

Earlier this month, we wrote about New Jersey’s proposed “ban the box” measure—a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process—heading to Governor Chris...more

EEOC Addresses Interplay Between Pregnancy Discrimination Act and ADAA: The First Detailed Update to Pregnancy Bias Guidance Since...

On July 14, 2014, the EEOC issued Updated Enforcement Guidance on Pregnancy Discrimination, as well as a set of Questions and Answers and a Fact Sheet related to that Guidance. This is the EEOC's first detailed update to its...more

Protection from Sexual-Orientation Discrimination in Pennsylvania

In Whitewood v. Wolf, a federal judge struck down a Pennsylvania law that limited the definition of marriage to that between “one man and one woman.” In his momentous opinion, Judge Jones also declared that classifications...more

President Obama Issues Executive Order Prohibiting Federal Contractors From Discriminating Based on Sexual Orientation or Gender...

On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This...more

Executive Order Bars Discrimination against LGBT Workers for Federal Contractors, Government

President Obama recently signed an executive order that will prohibit federal contractors from discriminating against employees based on sexual orientation and gender identity. The executive order adds sexual orientation and...more

The German Federal Labor Court (Bundesarbeitsgericht – BAG) rejects doubtful discrimination complaints

Even if a potential Employer does not know that an applicant is unsuitable for the offered job from an objective point of view, compensation claims based on discrimination would not be granted. The first comprehensive...more

EEOC Issues Enforcement Guidance on Pregnancy Discrimination Act and Its Application to the ADA

The EEOC recently issued new guidance on the Pregnancy Discrimination Act. The guidance provides the agency’s interpretation of the Pregnancy Discrimination Act and the application of the Americans with Disabilities Act to...more

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

How to Avoid Being the Next Casualty in the EEOC’s War on Employee Separation Agreements

In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising...more

President Obama Signs Executive Order Prohibiting Federal Contractors from Discriminating Based on Sexual Orientation and Gender...

Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors,...more

EEOC Issues New Guidance on Pregnancy Discrimination

On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on Pregnancy Discrimination and Related Issues. The purpose of the Enforcement Guidance is to explain the EEOC’s...more

TERMINATION: Not a ‘team player’… or sex discrimination?

From time to time, employers discharge employees because they’re “not a good fit” or “not a team player.” While these may be perfectly good reasons for ending someone’s employment, be aware that in some situations courts or...more

Thirty Years of Law in Thirty-Some Pages: The EEOC’s New Guidance on Pregnancy Discrimination

The Equal Employment Opportunity Commission (EEOC) recently issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” It was no minor undertaking. According to the EEOC’s Questions and Answers about...more

Executive Order Extends LGBT Protections to Federal Contractor Employees

On Monday, July 21, 2014, President Obama amended two prior executive orders to extend employment protections to lesbian, gay and/or transgender (LGBT) workers. Executive Order 11246 was first signed by President Lyndon B....more

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

Obama’s LGBT Executive Order Raises More Questions Than It Answers

More than two years after expressly declining to do so, this past Monday, President Obama signed an Executive Order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or...more

President Obama Amends Executive Order 11246 to Protect LGBT Workers of Government Contractors from Discrimination

As the White House announced last month, President Obama signed yesterday an Executive Order that bans workplace discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) workers of federal contractors....more

President Obama's Latest Executive Order Recognizing Gay and Transgender Rights Among Federal Contractors

While much has been said in the mainstream media over the past 24 hours regarding President Obama's latest Executive Order protecting gay and transgender individuals from discrimination by federal contractors, a few...more

Discrimination – Vicarious Liability Gets More Expensive

The full bench of the Federal Court in Richardson v Oracle Corporation Australia (Richardson) has cited changing community standards as a basis for significantly increasing awards for general damages (ie damages for...more

Executive Order Protects Federal Contractor LGBT Workers

Yesterday President Obama issued an Executive Order extending antidiscrimination protection on the basis of sexual orientation and gender identity, as well as including these categories in affirmative action requirements....more

President Obama Issues Executive Order Barring Sexual Orientation and Gender Identity Discrimination by Federal Contractors

On July 21, 2014, President Obama issued an Executive Order that makes it illegal for federal government contractors to discriminate on the basis of sexual orientation or gender identity. The Executive Order amends Executive...more

Discrimination Against LGBT Employees of Federal Contractors and Federal Employees Now Prohibited by President Obama’s Amendments...

On Monday, July 21, 2014, President Obama amended two previously issued executive orders to extend protection against workplace discrimination to lesbian, gay, bisexual and transgender employees of federal contractors and the...more

New Jersey Employment Posters Updated, Yet Again

The New Jersey Division on Civil Rights (NJDCR) just modified its Discrimination in Employment poster, which all New Jersey employers are required to display. The new poster adds “pregnancy” to the list of protected...more

Pregnancy Discrimination Is Focus of EEOC’s Updated Enforcement Guidance

On July 14, the U.S. Equal Employment Opportunity Commission (EEOC) released enforcement guidance on pregnancy discrimination and related issues, its first comprehensive update in 30 years. The guidance covers the...more

Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer

On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that...more

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