News & Analysis as of

Public Employees Discrimination

The Supreme Court - June 23, 2017

by Dorsey & Whitney LLP on

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau...more

Opposing Employer Actions Directed at General Public Not Protected Activity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

by Littler on

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

NJ Supreme Court Finds For Employees In Two Recent Cases

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In two recent cases, the New Jersey Supreme Court unanimously expanded state law to protect individuals going through a divorce from discrimination, and remanded another case to the trial court with...more

New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more

Marital Status Discrimination

by Zelle LLP on

During a recent conversation with an experienced business lawyer, it became clear that, despite his representation of companies in several states, he was unfamiliar with the concept of marital status discrimination. That got...more

U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

by Foley & Lardner LLP on

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

Sixth Circuit Finds Faulty Handbook Bars Employer from Challenging Employee’s Eligibility for FMLA Leave

The Sixth Circuit recently held that a Michigan county agency was barred from arguing that its employee was ineligible for leave under the Family and Medical Leave Act (FMLA), because the employee relied on an inaccurate...more

Houston Joins Sexual Orientation and Gender Identity Discrimination Ban

by Baker Donelson on

Houston, Texas now prohibits employers from discriminating on the basis of sexual orientation or gender identity. Houston is the last major city in Texas to pass such an ordinance. The Houston City Council passed Ordinance...more

Houston Passes Controversial Anti-Discrimination Ordinance

by Cozen O'Connor on

Late in the evening on May 28th, the Houston City Council passed a city ordinance that prohibits discrimination against employees on the basis of sexual orientation or trans-gender status. ...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 14: Discrimination Laws Apply To State And...

by Hirschfeld Kraemer LLP on

Title VII, as enacted in 1964, had a rather large coverage gap: millions of American workers employed by State and local governments were not covered. Why? The principal reason was State sovereignty, and the notion that...more

CFPB Employee Review Disparities Go Beyond Race

by Ballard Spahr LLP on

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

Taking Documents To Support Discrimination Claims Can Be Prosecuted As Theft, Notwithstanding Quinlan, New Jersey Appellate...

In State v. Saavedra, 2013 WL 6763248 (App. Div. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employer’s highly confidential, original documents...more

New Year Means New Laws for Public Employers in California

by Best Best & Krieger LLP on

Like death and taxes, new employment laws are inevitable with each new year. In 2014, public employees are facing a bevy of new laws, including those that address leave, discrimination and retirement benefits and those that...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

by Ballard Spahr LLP on

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

Federal District Court (In Its Capacity As An Employer) Must Reimburse Employee for the Cost of Health Benefits for her Same-Sex...

The Ninth Circuit Judicial Council, an administrative body that reviews decisions of the court’s chief judge, recently weighed in on an issue involving same-sex domestic partner health benefits in the post-Windsor world. The...more

New EEOC Report Examines Obstacles Facing Women in Federal Workplace

Six Impediments, Underlying Issues, Recommendations Identified by Work Group - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a comprehensive report addressing major obstacles...more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in Russia

by Dechert LLP on

Legislation - Significant New Amendments to the Russian Labor Code - During the first half of 2013, a number of amendments were introduced into the Russian Labor Code. These amendments relate to remote...more

Village of North Syracuse and Towns of Cicero and Clay Settle EEOC Age Discrimination Suit

Older Volunteer Firefighters Denied Service Credit Due to Ageism, Federal Agency Charged - NEW YORK - The Village of North Syracuse, the Town of Cicero and the Town of Clay have agreed to settle a class age...more

Disability Discrimination in Employment Claims Cannot be Raised Under ADA’s Title Regarding Public Services

by Sherman & Howard L.L.C. on

Different sections of the Americans with Disabilities Act accomplish different ends. Title I addresses employment issues; Title II addresses participation in public services, programs, or activities; and Title III generally...more

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