News & Analysis as of

Human Rights Discrimination

Men without hardhats: where freedom of religion loses out to workplace safety

by Dentons on

Freedom of religion and the duty to accommodate within the workplace context is a highly important issue in Québec given the discrimination provisions of the Canadian Charter of Rights and Freedoms as well as the Québec...more

Trend Continues In Alberta For Higher General Damages In Human Rights Awards

by Dentons on

General damages awarded by human rights tribunals are intended to compensate for discrimination and to act as a deterrent. The Alberta Human Rights Act provides no statutory limit on how much general damages can be...more

B.C. and Canada Adopting Gender Identity and Gender Expression Human Rights Protections

by Dentons on

Both the British Columbia and the Federal Government have recently introduced legislation to amend their respective human rights legislation to include gender identity and gender expression among the protected grounds of...more

New York Expands Discrimination Protections Against Workplace Gender Bias

On October 21, 2015, New York Governor Andrew Cuomo signed into law a number of bills, which cumulatively expand protections against gender discrimination, sexual harassment, domestic violence, and human trafficking. This...more

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

by Holland & Knight LLP on

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

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

by Shipman & Goodwin LLP on

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

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

by Dentons on

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

Canadian Employment News Series - July 2015

by DLA Piper on

Self-Reporting Drug Use Policies at Work: Are They Discriminatory? Employers seeking to strengthen policies aimed at reducing drug and alcohol abuse in safety sensitive workplaces should take note of this recent Alberta...more

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

New York City Prohibits Discrimination Based on Credit History

by Holland & Knight LLP on

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's...more

"Full and final settlement of any and all claims" – not so, says the Alberta Human Rights Tribunal

by Field Law on

The Alberta Human Rights Tribunal (“Tribunal”) released a decision this month that considered whether the terms of a Release Agreement constituted a valid and enforceable settlement of an employee’s allegations of human...more

New Legislation Promises More Investigations by the New York City Commission on Human Rights

On April 20, 2015, New York City Mayor Bill de Blasio signed two new bills into law that authorize the New York City Commission on Human Rights to increase the number of employment discrimination investigations. ...more

New York Federal Court Applies New York City Human Rights Law’s Liability Provision to Employer’s Agent

The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn’t address the circumstances under which that agent may be held liable for...more

District of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual...more

Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law

On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his...more

Illinois Offers Greater Protections for Pregnant Workers

by Morgan Lewis on

Employers should take note of the newly effective amendment to the Illinois Human Rights Act, which enhances protections for employees affected by pregnancy or childbirth, imposes accommodation requirements on employers, and...more

Missouri Court of Appeals Further Restricts Arbitration Agreements

The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their...more

Miami-Dade County Expands its Human Rights Law to Ban Discrimination on the Basis of Gender Identity and Gender Expression

On December 2, 2014, Miami-Dade County Commission amended the County’s Human Rights Ordinance (Chapter 11A of the Code of Ordinances of Miami Dade County, Florida) to prohibit discrimination based on gender identity and...more

New Bill Expands Illinois Human Rights Act's Pregnancy Protections

by Holland & Knight LLP on

On August 26, 2014, Illinois Governor Pat Quinn signed House Bill 8, amending the Illinois Human Rights Act by placing new obligations on employers with respect to pregnant employees. The new changes take effect on January 1,...more

General Assembly Approves New Laws for Illinois Employers

by Franczek Radelet P.C. on

As the legislative session drew to a close at the end of May, the Illinois General Assembly approved several new laws that will affect Illinois employers beginning January 1, 2015. The laws are now awaiting approval by...more

Act Now Advisory: Unpaid Interns Now Afforded Same Discrimination Protections as Employees Under the New York City Human Rights...

by Epstein Becker & Green on

On March 26, 2014, the New York City Council passed an amendment to the New York City Human Rights Law ("NYCHRL"), giving unpaid interns the same anti-discrimination protections under the law as is available to employees. The...more

Human Rights Damages on the Rise?

by Bennett Jones LLP on

In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario “reconsider its current approach to general damages awards in cases where discrimination is proven. The...more

Human Rights Claims In The Ontario Courts – Now What?

by Dentons on

Way back in 2008, the Ontario Human Rights Code was amended to permit human rights claims to be piggybacked onto wrongful dismissal actions in the Ontario courts. Prior to that time, the only recourse for an employee with a...more

New York City Employers Face Tougher Disability Accommodation Standards

by Littler on

In Romanello v. Intesa Sanpaolo, S.p.A., the New York Court of Appeals adopted the broad reading of an employer’s duty to accommodate a disabled employee under the New York City Human Rights Law (City HRL), as initially set...more

Unpaid Interns One Step Closer to Receiving Protection Against Discrimination in New York

Last week we reported on a decision out of a New York federal district court refusing to extend the protections of the New York City anti-discrimination law to unpaid interns. That decision also confirmed that neither the...more

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