Protected Class

News & Analysis as of

Disparate Impact Remains Fair Lending Risk To Banks

Lenders seeking judicial relief from the Consumer Financial Protection Bureau’s heightened enforcement of the Equal Credit Opportunity Act were left disappointed by the settlement of Mt. Holly v. Mt. Holly Gardens Citizens in...more

Quirky Question #219, Is Unemployment Status a Protected Category?

Quirky Question: We recently interviewed an applicant with a very spotty resume; there were repeated gaps in his employment history which were apparent from his resume. He was not hired and called HR to complain that...more

Background Checks: Not Over until It’s Over!

In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

13 Changes To California Law In 2014: What Employers Need To Know

Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers...more

Trends in New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

New Jersey Adds Pregnancy to List of Classes Protected by Its Law Against Discrimination

On January 21, 2014, New Jersey Governor Chris Christie signed into law an amendment to the New Jersey Law Against Discrimination (LAD), expanding state law employment protections for pregnant women. The amendment, which is...more

“Pregnancy” Becomes a Protected Class Under New Jersey’s Law Against Discrimination

Last week, Governor Christie of New Jersey signed the “Pregnancy Bill,” which amends New Jersey’s Law Against Discrimination, N.J.S.A. 10:5-12 (“NJLAD”), to provide that it shall be “an unlawful employment practice” or “an...more

New Jersey Pregnancy Bill Sent To Governor Christie

In the November 2013 issue of the New Jersey eAuthority, we reported on the Senate’s passage of a bill (S2995) expanding employment protections for pregnant women by...more

Using Biometrics In The Workplace

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more

Military and Veteran Status Added as a Protected Category under the California Fair Employment and Housing Act (FEHA)

Assembly Bill 556 amends the FEHA to add "military and veteran status" to the list of categories protected from employment discrimination. "Military and veteran status" is defined by the Act as "a member or veteran of the...more

Week in Review - November 27, 2013

Social media and technology seem to be doing more harm than good in the workplace this week. A new study suggests that some employers may be using Facebook profiles to discriminate against job applicants based on legally...more

A New Protected Class?: LGBT Workplace Discrimination And The Employment Non-Discrimination Act Of 2013

Congress is currently considering the creation of a new protected class for purposes of workplace discrimination. The Employment Non-Discrimination Act (ENDA) would create a new federally-protected class of individuals:...more

"Ladies' Night" Promotions Violate California Law

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is aware that the establishment cannot deny service to a patron on the basis of a...more

“Familial Status” (Whatever That Means) May Become FEHA’s Newest Protected Category Under SB 404

California employers are well aware that legislators and regulators, both on the state and federal level, have been burning the candle at both ends to generate laws, regulations, and administrative actions designed to hedge...more

New Law Adds Military and Veteran Status as Protected Categories

As most employers are aware, the California Fair Employment and Housing Act (FEHA) protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination on account of...more

Global Equal Employment Opportunity Toolkit: How to Fight Workplace Discrimination and Harassment and Promote Workplace Diversity...

Equal employment opportunity initiatives like policies, code of conduct provisions and training modules on discrimination, harassment and diversity have long been vital to domestic American employers. Now, in the global...more

Global HR Hot Topic - August 2013: Cross-Border Anti-Discrimination Initiatives

Discrimination law in the United States is more evolved than anywhere else on Earth. The leading treatise on US employment discrimination law (by Barbara Lindemann and Paul Grossman) runs to two volumes and 3,300 pages. By...more

Legal Alert: Minnesota Court Upholds Principle That Married Employees May Lawfully Sleep With The Enemy

Your friends may refuse to hang out with you because of your spouse, but in Minnesota, your employer generally cannot....more

Fenwick Employment Brief: California Court Addresses Admissibility Of "Me Too" Evidence Of Discrimination

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

Fenwick Employment Brief - April 2013

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

New York City Prohibits Discrimination Against Unemployed

The "unemployed" are now a protected class in New York City, with the rights and protections associated with that classification. ...more

Manson v John Doe - Damages For Anonymous Online Defamation

The recent decision of the Ontario Superior Court of Justice in Manson v John Doe (2013 ONSC 628) offers an opportunity to reflect on both the procedures and outcomes of pursuing court actions for anonymous online defamation....more

Special Alert: HUD Issues Final Disparate Impact Rule

On February 8, HUD issued a final rule authorizing so-called “disparate impact” or “effects test” claims under the Fair Housing Act. The rule provides support for private or governmental plaintiffs challenging housing or...more

InfoBytes Special Alert: HUD Issues Final Disparate Impact Rule

Today, the U.S. Department of Housing and Urban Development (HUD) issued a final rule authorizing so-called "disparate impact" or "effects test" claims under the Fair Housing Act. The rule provides support for private or...more

Healthcare Update, No. 1, February 2013: Top 10 Supervisory Survival Tools For 2013

As the new year unfolds, supervisors may have even less time to manage all the complexities that arise in the world of employment law. With goals and deadlines to meet, well-intentioned managers may be tempted to rely on...more

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