News & Analysis as of

Human Rights Hiring & Firing

New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions

In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a...more

New York City Seeks to Ban Employer Inquiries Into Applicants’ Salary History

by Genova Burns LLC on

On April 5, 2016, the New York City Council passed a law amending the New York City Human Rights Law, barring all public and private New York City employers from asking job applicants about their prior wages and salary...more

Maine Law Court Charts Different Course for Age Discrimination

by PretiFlaherty on

It is not often that the Law Court interprets the Maine Human Rights Act (MHRA) differently from its federal counterparts. In a recent decision, though, the Law Court did exactly that – it held that the standard for...more

Ontario Court of Appeal Upholds Moral Damages, Human Rights Damages, and High Legal Cost Award in Wrongful Dismissal Case

by Littler on

In a new Ontario Court of Appeal case, the appellate court upheld the trial court’s judgment in favor of the plaintiff in the amount of $60,000 for moral damages, $55,849 for wrongful dismissal, $25,000 in human rights...more

Employment News - February 2017

by Hogan Lovells on

Springing into action – start date for Trade Union Act - The Trade Union Act 2016 will come into force on 1 March 2017. The new rules apply to any industrial action for which the ballot opens (by sending out voting...more

N.Y. Appellate Court Scopes Out Liability: Using Criminal Convictions in Employment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing...more

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction...

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law...more

Legislative Update: Employee Training Required for Hotels, Inns on Human Trafficking

by Shipman & Goodwin LLP on

Over the next week or so, I’ll be providing updates on various bills to pass (or fail) at the state general assembly. They’re coming in fast and furious so patience is the order of the day....more

NYC Institutes Ban on Pre-Employment Credit Checks

Most prudent employers these days run background checks of prospective employees as part of the hiring process. While this practice is expanding, so is the network of laws and regulations employers must consider when...more

Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases

Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more

Employers Can Read Employees’ Private Messages

by McGuireWoods LLP on

The European Court of Human Rights (ECHR) has ruled in favor of the employer in a case concerning a Romanian sales engineer whose employment was terminated following discovery by his employer that he was sending private...more

No Right to Privacy in the Workplace?

by Dechert LLP on

Last week the European Court of Human Rights held in Barbulescu v Romania (Application no. 61496/08) that there was no breach of the right to privacy where an employer searched the contents of an employee's instant messaging...more

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Legal Trends: Employment & Labour

In the past year, the media and governments across Canada have paid greater attention to workplace discrimination and harassment. In Ontario, for example, the government introduced Bill 132, Sexual Violence and Harassment...more

Everything You Need to Know About New York's New FCA Guidance

As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance...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

When is an Employee’s Disability a Factor in his Dismissal?

by Field Law on

On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer...more

NYC Commission on Human Rights Releases Interpretive Enforcement Guide for the SCDEA

by Morgan Lewis on

The Commission’s guide outlines narrow interpretation and recordkeeping requirements for employers seeking exemptions to the SCDEA, as well as guidance on enforcement and penalties for SCDEA violations....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

New York City’s New Discrimination Law Banning Credit Checks on Employees to Go into Effect Soon

New York City’s credit discrimination law (New Credit Law) becomes effective September 3, 2015. The New Credit Law, which modifies New York City’s Human Rights Law, prohibits employers with four or more employees in New York...more

Third Circuit Rules A Paid Suspension Is Not An Adverse Employment Action

by Genova Burns LLC on

On August 12, 2015, the Third Circuit ruled that a suspension with pay does not constitute an adverse employment action within the meaning of Title VII of the Civil Rights Act of 1964 (Title VII) and the Pennsylvania Human...more

Four Big Takeaways from Illinois' Proposed Pregnancy Accommodation Rules

by Hinshaw & Culbertson LLP on

Illinois employers, take note—in mid-July, the State's Department of Human Rights published its proposed rules implementing the State's new pregnancy discrimination law. As readers of this blog will know, the new law took...more

When is enough, enough? Managing difficult employees in the human rights context

by Dentons on

Not surprisingly, employers seek to hire individuals who will perform the duties of their job diligently, honestly and faithfully. Unfortunately, instances can occur where employers find themselves facing an unmotivated...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 Employers From Considering Credit History When Making Employment Decisions

by Cole Schotz on

On May 6, 2015, New York City enacted the Stop Credit Discrimination in Employment Act (the “Act”), which amends the New York City Human Rights Law to make it unlawful for employers to consider an individual’s consumer credit...more

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