Employer Liability Issues Discrimination

News & Analysis as of

Constructive Discharge: Supreme Court Sets the Clock in Employees’ Favor

On May 23, 2016, the Supreme Court of the United States ruled that the filing period for constructive discharge claims, which can be filed pursuant to many different employment laws, begins to run upon an employee’s...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

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

Seyfarth Synopsis: The Fair Employment and Housing Council is vetting proposed regulations to prevent employers from discriminating against applicants or employees with criminal histories. Our colleague Kate Svinarich...more

Pregnancy Accommodation Headed to Governor

A bill requiring Colorado employers to provide reasonable accommodations to pregnant employees has passed both the Colorado House and the Senate and is headed to Governor John Hickenlooper’s desk. Employers already must...more

Employer's Anti-Discrimination Complaint Process May Toll the Statute of Limitations Under the Minnesota Human Rights Act

Recently, the Minnesota Court of Appeals, in Peterson v. City of Minneapolis, ruled that a complaint process in an employer’s anti-discrimination policy may toll the statute of limitations under the Minnesota Human Rights Act...more

PA’s Medical Marijuana Act: Challenges for Employers

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

How the New EEOC Rules Put Employers at a Disadvantage

An employer may at one point have to defend itself from allegations of discrimination or retaliation by a current or former employee (the claimant). Recently, the Equal Employment Opportunity Commission (EEOC), the federal...more

New Mexico State Employers Cannot Avoid Private USERRA Claims

In Ramirez v. State of N.M. Children, Youth and Families Department, filed on April 14, 2016, the New Mexico Supreme Court ruled that a New Mexico National Guard member could assert a claim against the state as the employer...more

Louisiana Governor Institutes Sexual Orientation and Transgender Protections for State Workers and Contractors

On April 13, 2016, Louisiana Governor John Bel Edwards signed Executive Order No. JBE 2016-11 prohibiting discrimination or harassment by Louisiana state agencies against individuals based on their sexual orientation or...more

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

Mixed Messages on LGBT Protections

NYC Guidelines Strengthen Transgender Protections in Employment; NC Law Eliminates Local LGBT Protections Altogether.  Confused, Anyone? I don’t envy employers these days. It ain’t easy staying on top of all of the...more

EEOC Announces Launch of Online Charge Status System

Employers can now electronically monitor and respond to EEOC charges of discrimination via a secure online portal.  This means employers can receive updates and transmit information to the EEOC much more quickly than in the...more

Amended FEHA Regulations: Employers Required to Update Harassment & Discrimination Policies

The California Fair Employment and Housing Act’s (FEHA) proposed amendments have been approved and go into effect April 1, 2016. All employers should review the regulations and update their policies. In large part, the...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

3 Strategies for Employers in Light of the EEOC’s Title VII Lawsuits Alleging Sexual Orientation Discrimination

An ounce of prevention is worth a pound of cure. It is far less costly to identify and address complaints of sexual orientation discrimination in the workplace on the front end when compared to the costs of protracted...more

HR Heads-up: Amended FEHA Discrimination Regulations Will Require Action

The California employment agencies have been busy! Let your favorite Seyfarth attorney know if you have any questions or would like our help in responding to any of these agency pronouncements....more

Preserving Confidentiality in EEOC Proceedings

Once upon a time, an employer could respond to an EEOC Charge of Discrimination and include all manner of responsive documents, secure in the knowledge that the Charging Party would never see the position statement, including...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

Ch-Ch-Ch-Changes At The EEOC

Agency Revises Discrimination Charge Practices - Starting January 1, 2016, the Equal Employment Opportunity Commission (EEOC) implemented significant changes to its case-handling process. As a result, all employers who...more

Ask and They Shall Receive: Implications of EEOC's New Procedure for Position Statements

If you were not closely watching the Equal Employment Opportunity Commission’s (EEOC) website, you may have missed its subtle announcement changing how Respondent position statements are handled. The EEOC rolled out...more

Final EEOC Charge Statistics for FY 2015 Show Increase in Retaliation Claims

Earlier this month, the Equal Employment Opportunity Commission released final statistics on charges of discrimination filed during the most recent fiscal year. The total charges rose slightly over 2014, but remained well...more

Employment Law 101: National Origin, Citizenship & Immigration Status Discrimination

Who does it apply to: Part of the protection comes from Title VII, which applies to employers with 15 or more employees. An overlapping part of the protection comes from the Immigration Reform and Control Act (IRCA), which...more

Managers Beware: Individual Liability Confirmed Under USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against employees and potential employees based on their military service and imposes certain...more

Eleventh Circuit Agrees That Discrimination Against Transgendered Employees Violates Title VII

In recent years, the Equal Employment Opportunity Commission and federal courts across the U.S. have increasingly agreed that discrimination against transgendered employees is a form of sex discrimination under Title VII....more

EEOC Cautions Employers About Discrimination Against Employees who are, or are Perceived to be Muslim or Middle Eastern

Late last month the U.S. Equal Employment Opportunity Commission (EEOC) issued a statement by its Chair Jenny R. Yang, as well as two informational Question and Answer Guidance documents about discrimination against employees...more

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