Protected Class

News & Analysis as of

New York Appellate Division Permits Worker to Establish Membership in Protected Class Based on Association with Another

Chiara v. Town of New Castle, (N.Y. App. Div., 2d Dep’t Jan. 14, 2015): A recent decision by the New York Appellate Division, Second Department, held that a plaintiff claiming religious discrimination under the New York State...more

Transgender Discrimination and the Equal Opportunity Workplace

Although most companies have workplace policies prohibiting discrimination and harassment based on an employee’s sex, race and religion, many companies have not yet added gender identity to the list of protected categories....more

Employers: Don’t Forget About the Possibility of Associational Discrimination Liability

A case out of a New York State appeals court should remind employers that they may liable for discrimination where they take an adverse action against an employee based on the employee’s association with someone in a...more

2015 Labor and Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2015...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

If You Haven’t Already, It’s Time to Add Sexual Orientation and Trans-Gender to Your Discrimination Policy

On its face, federal law does not list sexual orientation or trans-gender status as protected categories. Some states or cities have passed their own laws offering such protections, leaving a patchwork of laws across the...more

Implementing Regulation B Spousal Signature Provisions

The Equal Credit Opportunity Act and its implementing rule, Regulation B, prohibit any creditor from discriminating based on sex or marital status, among other protected statuses. All the federal banking agencies are involved...more

Texas Apartment Association Files Amicus Brief in U.S. Supreme Court Fair Housing Act Case

The U.S. Supreme Court will review a Fair Housing Act case to address whether the Act prohibits facially neutral conduct that has an unintended disparate impact on members of a protected class. In its amicus curiae brief, the...more

New Jersey Division on Civil Rights Issues Amended Regulations on Employment Advertising

On June 23, 2014, the New Jersey Division on Civil Rights (DCR) issued amended regulations concerning employment advertisements. First, the prohibition on employment advertisements containing a preference for—or...more

Springfield Employers Take Note: City Council Adds Sexual Orientation and Gender Identity to List of Protected Classes

On October 13, the Springfield, Missouri City Council, on a vote of 6-3, approved a bill expanding the city’s non-discrimination ordinance to include sexual orientation and gender identity as protected classes. Council...more

The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that...more

Title VII at 50: What's New? - Employment Law Update

This summer marked the 50th anniversary of the Civil Rights Act of 1964, legislation first introduced by President John F. Kennedy in response to the growing civil rights movement. For employers, the most important component...more

Social Media Strikes Back! The Impact of Off-Hours Communications with Employees on Claims of Discrimination

How many of us have stared at a Facebook friend request from a boss or co-worker and wondered if clicking “accept” was a good decision? I know I’ve wondered if I really want my boss to know how many tattoos my sister has or...more

Is Sexual Orientation Including Gender Identity the Next Universally Protected Class in Employment Law?

On July 21, 2014, President Obama signed an executive order expanding protection of employees of the federal government provided by Executive Orders 11478 and 11246. Specifically, individuals in federal employment cannot be...more

Protecting the Rights of LGBT Employees in the United States and Abroad

On July 21, President Obama issued an Executive Order prohibiting federal government contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) employees. The President directed the U.S....more

SuperVision Today - August 2014

In This Issue: - Recent Developments for Federal Contractors - The Fate of Obamacare Premium Tax Credits - Sexual Orientation and Gender Identity the Next Protected Class? - EEOC Ratchets Up Focus on Pregnancy...more

President Obama Issues Two Executive Orders in 10-Day Period

President Obama issued the Fair Pay and Safe Workplaces Executive Order on Wednesday, July 30 only 10 days after prohibiting federal contractors from discriminating based on sexual orientation and gender identity, in the...more

President Obama Issues Executive Order Prohibiting Federal Contractors From Discriminating Based on Sexual Orientation or Gender...

On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This...more

Executive Order Bars Discrimination against LGBT Workers for Federal Contractors, Government

President Obama recently signed an executive order that will prohibit federal contractors from discriminating against employees based on sexual orientation and gender identity. The executive order adds sexual orientation and...more

President Obama Signs Executive Order Prohibiting Federal Contractors from Discriminating Based on Sexual Orientation and Gender...

Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors,...more

Executive Order Extends LGBT Protections to Federal Contractor Employees

On Monday, July 21, 2014, President Obama amended two prior executive orders to extend employment protections to lesbian, gay and/or transgender (LGBT) workers. Executive Order 11246 was first signed by President Lyndon B....more

President Obama's Latest Executive Order Recognizing Gay and Transgender Rights Among Federal Contractors

While much has been said in the mainstream media over the past 24 hours regarding President Obama's latest Executive Order protecting gay and transgender individuals from discrimination by federal contractors, a few...more

New Jersey Employment Posters Updated, Yet Again

The New Jersey Division on Civil Rights (NJDCR) just modified its Discrimination in Employment poster, which all New Jersey employers are required to display. The new poster adds “pregnancy” to the list of protected...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 49: EEOC Takes On Background Checks

Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes. For over 40 years, the courts have...more

Gender and Reverse Discrimination in the Workplace

Ohio’s Fifth Appellate District recently handed down a decision relevant to all Ohio employers. Caiazza v. Mercy Med. Ctr., 2014-Ohio-2290 (Ohio Ct. App. 2014) highlights the importance of treating all employees equally,...more

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