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California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

The Great Divide

by Dentons on

With reporting obligations due to come into effect from 6 April 2017, the gender pay gap debate has taken centre stage over the past year. With the UK gender pay gap still sitting at over 18 per cent, it is unsurprising that...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Public Policy of Deciding Cases on the Merits Weighs in Favor of Granting Continuance Requests Based on Good Cause

In Hamilton v. Orange Cnty. Sheriff’s Dep’t, 2017 No. G051773, the California Court of Appeal, Second District, reversed the trial court’s denial of the parties’ stipulation to continue a hearing on a motion for summary...more

EEOC To Reconsider Pay Data Collection

by SmithAmundsen LLC on

On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced it finalized regulations that require employers to include employee pay data in annual EEO-1 reports. The pay data is required for 2017...more

No Means No – Judge Limits The EEOC’s Claims In Bass Pro Case (Again)

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the high-profile EEOC race discrimination litigation against Bass Pro, the Court denied the EEOC’s motion for a ruling that would have allowed it to include in its § 706 claims those individuals who had...more

Avoiding Appearance-based Discrimination Claims in the Workplace

by Reminger Co., LPA on

Employees are generally considered the face of a company, projecting the brand’s image to customers and clients. In the face of this reality, employers often mandate certain grooming and appearance standards for employees –...more

Employment Law Navigator – Week in Review: September 2016 #3

by Zelle LLP on

Last week, the legal battle between federal authorities and North Carolina over transgender bathroom access took a turn. North Carolina’s governor quietly withdrew the state’s suit against the federal government, instead...more

California Legislative Update: It's Now Up To The Governor

by Littler on

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Employment Law Navigator – Week in Review: August 2016

by Zelle LLP on

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Employment Law Navigator – Week in Review: February 2016 #2

by Zelle LLP on

We’ve written a lot about employee health data and the inherent risks of requesting and maintaining this sensitive information. Last week, Forbes published a post arguing that employee health data could be the next business...more

Employment Law Navigator – Week in Review: February 2016

by Zelle LLP on

Equal pay and EEO-1 reports made headlines last Friday as the EEOC and the White House celebrated the 7th anniversary of the Lilly Ledbetter Act. The EEOC announced a proposed new requirement for federal contractors and...more

Nondiscrimination in Health Programs and Activities: Proposed Rules from HHS

by Balch & Bingham LLP on

...So, why did HHS need over five years to propose the set of rules published September 8? Here are a few highlights. For brevity’s sake, we omit foreign language service requirements, disability accommodation, compliance...more

HHS Publishes Proposed Rule on Nondiscrimination in Health Programs and Activities

by Reed Smith on

On September 8, 2015, HHS published a wide-ranging proposed rule to implement Section 1557 the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in...more

CAFA Jurisdiction: Cases Consolidated in California Cannot be Split by the Local Controversy Exception

by Carlton Fields on

Assuming its other requirements are satisfied, the local controversy exception to CAFA jurisdiction requires a district court to remand a class action if, during the three-year period preceding the filing of that action,...more

That is SO last week - August 2015 #5

by Zelle LLP on

That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

Pay Equity Legislation Aims to Eliminate Wage Disparities Between Genders in Massachusetts

In a hearing before the Joint Committee on Labor and Workforce Development on Tuesday, July 21, roughly two dozen lawmakers and a wide range of business officials, advocacy groups, non-profit leaders, and academics testified...more

Employer Potentially Liable for Harassment of Supervisor by Her Subordinates

Employers are well aware of their potential liability for workplace harassment claims involving co-workers or third parties. They also understand their heightened legal responsibility when the alleged harasser is the...more

DOL Files Discrimination Suit Against Baltimore-Based Federal Contractor

The U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) has filed a lawsuit before the Office of Administrative Law Judges against WMS Solutions LLC (“WMS”) alleging violations of...more

The Dodd-Frank Act's Diversity Policy Encourages – But Does Not Mandate – Specific Employer Action

by Littler on

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank Act" or "Act") authorizes certain federal agencies to assess the "diversity policies and practices of the entities they regulate." On June 10,...more

Diversity Reports at Two Federal Agencies Offer Glimpse of Regulatory Review under Impending Dodd-Frank Diversity Standards

by Ballard Spahr LLP on

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), signed by President Obama in 2010 in response to the financial crisis, includes a provision intended to remedy racial and gender discrepancies at...more

U.S. Supreme Court Agrees to Resolve Whether the FHA Provides for Disparate Impact Liability.

by Partridge Snow & Hahn LLP on

A major change to federal law governing mortgage lending may be on the horizon. On October 2, 2014, the United States Supreme Court agreed to decide whether the Fair Housing Act (“FHA”) not only imposes liability for...more

The Expanding Ash Heap of History

This year marks the 60th anniversary of the historic United States Supreme Court decision in Brown v. Board of Education of Topeka. The court overturned the precedent established in Plessy v. Ferguson, which upheld that...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

by Miller Canfield on

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

by BakerHostetler on

As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

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