Employer Liability Issues Discrimination

News & Analysis as of

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

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

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

Employment Discrimination Complaints Up Over 11 Percent in 2014-2015; A Look at CHRO Statistics Part 1

As I noted on Friday, the Connecticut Commission on Human Rights & Opportunities has, at long last, released case statistics for 2014-2015 fiscal year and has updated their statistics for the last several years. As a...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home

With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that...more

No Credit, No Problem: NYC’s New Guidance Further Limits Employer Credit Checks

As we previously reported, New York City recently passed a law prohibiting employers from requesting or using an individual’s credit history in making employment decisions. On September 3, 2015—the same day that the new law...more

Employment Alert (US): Employers Beware: New York City’s New “Ban-the-Box” Law Takes Effect This October

An increasing number of jurisdictions across the country have adopted legislation in recent years restricting a prospective employer’s ability to run a criminal background check. Colloquially known as “ban the box,” the...more

Two New Developments Affecting Federal Contractors

On September 7, 2015, President Obama issued an Executive Order establishing paid sick leave for federal contractors. The Executive Order currently applies only to contracts entered into on or after January 1, 2017....more

OFCCP Issues Regulations on "Pay Transparency"

Today the U.S. Office of Federal Contract Compliance Programs issued its Final Rule implementing Executive Order 13665, which prohibits federal contractors from discriminating against employees and applicants who ask about or...more

A Reminder for Retailers: Risks Associated With Hiring Third-Party Workers

As the retail sector grapples with the many challenges of a perpetually evolving economy and an increasingly mobile, independent, and dynamic workforce, it has become common practice for retailers to engage third parties to...more

Responding to a Scheduling Letter From the OFCCP: The Little Things Matter

It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance...more

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require...more

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Employer Is Liable under the WLAD for Refusing to Hire a Truck Driver for Taking a Prescribed Narcotic

Just when is an employer required to hire those taking prescription pain medications? In Clipse v. Commercial Driver Services, Inc., the Washington Court of Appeals held that Commercial Driver Services, Inc. was liable under...more

Discrimination by Association: It’s Illegal.

You may have heard of guilt by association before, but what about discrimination by association? Everyone knows that an employer cannot discriminate on the basis of an employee’s disability, but what if the employee has a...more

CHRO Right to Sue Letter Enough to Bring Federal Discrimination Claims to Court

In catching up over some interesting employment law cases from 2015, I came across Lennon v. Dolce Vida Medical Spa. You would be forgiven if you missed it because it’s an unreported Superior Court decision on a...more

California Legislature Targets Employment Arbitration Agreements

It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in AT&T Mobility LLC v. Concepcion, “California’s courts have been more likely to hold...more

The EEOC Goes Electronic: FAQs On EEOC's New Electronic Pilot Program

The Equal Employment Opportunity Commission (EEOC) recently rolled out a pilot program to electronically notify employers of new Charges filed against them. Instead of mailing the Notice of Charge of Discrimination form...more

Three Key Employment Updates

We have summarised three of the most notable employment related updates for you to mull over while enjoying the summer sun. European case opens the door for easier indirect discrimination claims to be brought by...more

Third Circuit Issues Employer-Friendly Ruling in Discrimination and Retaliation Case

On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more

When Labeling An Employee “Male” May Not Be Good Enough Anymore

The rapid pace of the country’s openness to discuss issues of gender identity (and no, this isn’t going to be an article about Caitlyn Jenner) has actually led to a rise in the use of words to describe situations that you may...more

Implicit Bias: Is Expert Testimony Admissible in Discrimination Cases?

So yesterday, I said that while the topic of implicit bias was important to understand, I indicated that it was far from settled in the legal context. One recent case demonstrates why....more

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