News & Analysis as of

Reasonable Accommodation Disparate Impact

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

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The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more

Constangy, Brooks, Smith & Prophete, LLP

Second-guessing the advice columns: Workplace bathrooms!

Everybody's favorite subject. Last week, Karla Miller -- the workplace advice columnist of The Washington Post -- had a fascinating letter with this problem: The letter writer is the only female working on a floor with...more

Fox Rothschild LLP

NYC Proposes Rules Concerning Discrimination Based On Pregnancy, Childbirth Or Related Conditions

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The New York City Commission on Human Rights (Commission) recently issued proposed rules concerning discrimination and accommodation obligations based on an employee’s pregnancy, childbirth or related medical conditions under...more

Genova Burns LLC

“Borgata Babes” May Challenge the Hotel’s Personal Appearance Standards in Court

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The remaining plaintiffs in the 11-year old, “Borgata Babes” case can proceed to litigate alleged violations of the New Jersey Law Against Discrimination (LAD). On May 20, 2019, the Superior Court of New Jersey, Appellate...more

Whitman Legal Solutions, LLC

How Allowing Smoking in Apartments Can Lead to a Fair Housing Violation

Many major cities have passed laws prohibiting smoking in public areas. However, smoking still remains a challenge for musicians who perform in smoke-filled clubs in cities lacking those laws. But even if smokers can’t...more

Verrill

Is Your Website Accessible to Disabled Online Job Seeker?

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On March 22, 2019, a federal judge permitted an Ohio man’s class action lawsuit to proceed against Ford Motor Company. The lawsuit alleges the company discriminated against disabled job applicants because its online job...more

Fox Rothschild LLP

Waiting For HUD Guidance On Two Fair Housing Issues

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A little housing policy inside baseball today. Those of us in the multifamily housing space are waiting for our friends at HUD to act on two matters of interest: First, as previously noted, HUD issued an advance notice of...more

McAfee & Taft

Best practices for employers under the EEOC’s new strategic enforcement plan

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The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Ward and Smith, P.A.

Lessons From the EEOC's General Counsel's Retrospective: Top Ten Litigation Developments and the Effective Employer's Response

Ward and Smith, P.A. on

On October 7, 2016, the General Counsel of the U.S. Equal Employment Opportunity Commission ("EEOC"), P. David Lopez, presented "The EEOC's Top Ten Litigation Developments" at an employment law symposium sponsored by Ward and...more

Genova Burns LLC

OFCCP Updates Guidance on Sex Discrimination to Reflect Modern Workplace

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On June 15, 2016 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published its Final Rule updating federal contractor requirements to ensure nondiscrimination on the basis of sex in the...more

Foley & Lardner LLP

Moving Away From The “Mad Men” Era: The OFCCP Updates Its Sex Discrimination Guidelines

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For the first time since 1970, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is updating its sex discrimination guidelines for federal contractors. These updates, announced last week, will...more

Jackson Lewis P.C.

What Employers Need to Know About the New York City Pregnancy Accommodation Enforcement Guidance

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The New York City Commission on Human Rights has released enforcement guidance on the New York City Pregnant Workers Fairness Act identifying five categories of potential violations and emphasizing the need to engage in...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

Franczek P.C.

A Review of the Supreme Court’s 2014 - 2015 Term

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During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Holland & Knight LLP

Religious Institutions: June 2015

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Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

Holland & Knight LLP

Supreme Court Ruling Highlights Risks for Employers at Interview - Plaintiff Can Prove Title VII Claim by Showing That Employer...

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The United States Supreme Court issued an 8-1 ruling in favor of the Equal Employment Opportunity Commission (EEOC) in EEOC v. Abercrombie & Fitch Stores, Inc.The Court ruled that Abercrombie violated Title VII by refusing to...more

Ervin Cohen & Jessup LLP

Employment Law Reporter – June 2015

Abercrombie & Fitch’s “Look Policy” Needs A Makeover After The Supreme Court Looked At It - The Abercrombie & Fitch clothing company is famous for their scantily clad models with six-packs and very little actual clothing...more

Kelley Drye & Warren LLP

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

Williams Mullen

Supreme Court Sides with EEOC in Longstanding Hijab Dispute with National Clothing Retailer

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On June 1, 2015, the U.S. Supreme Court sided with the EEOC in the well-chronicled case involving a Muslim job applicant who the EEOC claimed was illegally denied employment because of her religion. In EEOC v. Abercrombie &...more

Jackson Walker

Accommodating Religious Practices in the Workplace: Time to Check Those Dress Codes

Jackson Walker on

Use of a Dress Code Gone Bad - Employers catering to the public, or relying upon in-person customer contacts to promote their businesses, have frequently established employee "dress codes" to regularize the appearance of...more

Hinshaw & Culbertson LLP

BEWARE OF DOG(MA): Did The Supreme Court Just Require Employers to Accommodate Whenever A Request *Might* Be Due to Religion?

The U.S. Supreme Court has issued its long awaited decision in the "Looks Policy" case, and it's not terribly unexpected, but is a little scary considering the potential far reaching effects going forward. ...more

McAfee & Taft

SCOTUS rules against Abercrombie & Fitch in Tulsa religious discrimination case

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On Monday, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa,...more

Bond Schoeneck & King PLLC

The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to Reduce the Risk of Religious Discrimination Claims...

On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to hire an applicant in order to...more

Spilman Thomas & Battle, PLLC

Dress Codes, Religion and the Workplace – More Than Meets the Eye

On its face EEOC v. Abercrombie & Fitch Stores, Inc. dealt with an employer’s refusal to hire a Muslim woman who wore a headscarf in accordance with her religion, but the Supreme Court’s decision affects many more workplace...more

Seyfarth Shaw LLP

Wait, I Thought We Couldn’t Ask About Religion in Hiring? The Impact of the Supreme Court’s Ruling in EEOC v. Abercrombie & Fitch

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It’s the decision the employment bar has been waiting for: on June 1, 2015, in a 8-1 ruling, the U.S. Supreme Court sided with the EEOC in the religious discrimination case of EEOC v. Abercrombie & Fitch Stores, Inc., which...more

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