Discrimination

Colorado Small Business Owners Are Now Exposed To Increased Damages

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/21/2013

Colorado has passed a new law that expands the types of discrimination lawsuit damages that employees of small business employers - those with 14 or fewer employees - may be entitled to. +2013 Bill Text CO H.B. 1136. ...more

Tips And Tricks: Avoiding Discriminatory Discipline Of Groups Of Students

by Franczek Radelet P.C. on 5/21/2013

Discriminatory discipline has been a hot topic this year in public schools, and the focus on this topic makes it one that school leaders should not ignore....more

Research Confirms OFCCP Compensation Settlements and Conciliations on the Rise

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/20/2013

Research published by the Center for Corporate Equality (CCE), a Washington, D.C. research organization, reveals that the number of OFCCP audits resulting in a conciliation agreement has risen sharply under the Obama...more

Criminal Background Checks Prone To Errors And Discrimination

by Intermountain Legal on 5/20/2013

A school bus driver with numerous DUI convictions. A nursing home attendant with several arrests for violent assault. An accountant who served time in jail for banking fraud. You are more likely to read a news story about a...more

EEOC Is Making Good On Its Promise To Persecute Genetic Discrimination

by Melissa A. Silver | XpertHR - Partnered with LexisNexis on 5/17/2013

The Equal Employment Opportunity Commission (EEOC) has reached a settlement in its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA), the federal law that prohibits...more

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And...

by Katie Briscoe | Nossaman LLP on 5/17/2013

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and...more

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

Age Discrimination Claims Remain Popular

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/17/2013

Marc Santos and Geraldo Zaffa are two firefighters who filed a lawsuit against the Milpitas Fire Department for alleged age discrimination. The two men were placed on a list of qualified state and local firefighters by the...more

Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know

by Brian Arbetter, Terese Connolly | Sheppard Mullin Richter & Hampton LLP on 5/16/2013

Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs,...more

EEOC Has Settled its First Lawsuit Filed Alleging Genetic Discrimination

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

On May 7, 2013, the Equal Employment Opportunity Commission (EEOC) announced that it has settled its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA)....more

Germany: Have Rejected Job Applicants the Right to Know the Reasons for Not Getting the Job

by Anne Diedrich, Arno Frings, Lutz Hoheisel | Orrick - Global Employment Law Group on 5/15/2013

Recently, the German Federal Labor Court (Bundesarbeitsgericht “BAG”) rendered a decision which had been awaited with interest by German employers (BAG, April 25, 2013 – 8 AZR 287/08) with regard to information rights of...more

Third Circuit Holds That Shareholder-Director Cannot Sue For Discrimination

by Tracey Diamond | Pepper Hamilton LLP on 5/15/2013

The Third Circuit Court of Appeals recently ruled that a shareholder-director of a closely held family corporation was not an “employee” under Title VII, and therefore could not sue for discrimination. See Mariotti v....more

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

Self Described “Happy Drunk” With Sleep Apnea Was Not Disabled: Adjudicator

by Adrian Miedema | Dentons on 5/14/2013

“Not every ailment amounts to a disability”, an adjudicator has held, in dismissing an employee’s grievance. Employers who often wonder what types of ailments or conditions amount to “disabilities” will find this decision...more

BMO Harris Bank to Pay $400,000 to Resolve EEOC Disability Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/14/2013

Federal Agency Says Bank's Medical Leave Policy Violated the Americans with Disabilities Act - CHICAGO - BMO Harris Bank will pay $400,000 to a group of 14 former employees under a consent decree entered on May 2,...more

Federal Construction Contractors Beware: OFCCP Wants You!

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Small Companies in Colorado Can No Longer Discriminate

by Aaron Kase | Lawyers.com on 5/13/2013

Colorado Governor John Hickenlooper signed a bill into law last week that provides recourse against discrimination to workers at companies that employ fewer than 15 people....more

At-Will Employment

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

EEOC Diversity Luncheon: Discussions of Budget Hurdles and Enforcement Priorities with Hon. Jacqueline Berrien and Hon. Victoria...

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 5/10/2013

When the Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Jacqueline A. Berrien, and EEOC Commissioner Victoria A. Lipnic sat down for an informal conversation regarding workplace diversity during the...more

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