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Retaliation Anti-Discrimination Policies

Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Littler

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Akin Gump Strauss Hauer & Feld LLP

Understanding the 2024 Title IX Regulations: Expansions and Enhancements in Education Rights

The U.S. Department of Education recently issued final regulations governing Title IX, the federal civil rights law prohibiting sex-based discrimination in education programs or activities—such as public or private schools,...more

U.S. Equal Employment Opportunity Commission...

The Cleaning Authority-Fox Valley to Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Federal Agency Charged Cleaning Service Provider Routinely Subjected Female Employees to Sexual Harassment - MILWAUKEE – The Cleaning Authority-Fox Valley, a cleaning service provider in eastern Wisconsin, will pay...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Supreme Court Declares Non-Disparagement Provisions ‘Impermissible’ When Used to Silence Victims Under NJLAD

On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar...more

Miller Canfield

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

Miller Canfield on

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Foley & Lardner LLP

EEOC’s New Harassment Enforcement Guidelines: A Good Primer for Addressing Workplace Harassment and Retaliation

Foley & Lardner LLP on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited workplace harassment and enforcement guidelines to help employers understand what type of conduct the agency considers to be...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

Proskauer Rose LLP on

Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Seyfarth Shaw LLP

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

Seyfarth Shaw LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

ArentFox Schiff

SCOTUS Holds That SOX Whistleblowers Are Not Required to Prove Retaliatory Intent

ArentFox Schiff on

In a victory for whistleblowers, a unanimous US Supreme Court has held that a whistleblower invoking the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1514A(a) (SOX) is not required to prove that his or her employer acted with...more

Cole Schotz

UPDATE: New York State Amendments Affecting Employee Anti-Discrimination Protections

Cole Schotz on

A SNAPSHOT OF WHAT YOU NEED TO KNOW- • New York Governor Kathy Hochul recently signed into law two bills impacting employment discrimination protections in the State. • The first bill prohibits liquidated damages and...more

Stark & Stark

Employer Responsibilities: Addressing Inappropriate Text Messages and Protecting Against Sexual Harassment Claims

Stark & Stark on

Employers have a duty to investigate and take appropriate remedial action if an employee complains that another employee texted inappropriate pictures or messages, even if those text messages were sent after regular work...more

Mintz - Employment Viewpoints

New Year, New Laws: California Employment Law Updates for 2024

California employers need to be prepared for new laws that become effective starting in the new year. Below is a brief overview of those laws (including the collection of diversity for venture capital companies, an amendment...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

McAfee & Taft

Retaliation: The most successful discrimination claim

McAfee & Taft on

A claim of retaliation can be successful even when the original claim of discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information fails to establish a violation of law....more

Bradley Arant Boult Cummings LLP

Teaming Up? EEOC and DOL Announce Enhanced Enforcement Efforts

Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the...more

Patterson Belknap Webb & Tyler LLP

The Second Circuit Revisits Legal Standard for Retaliation Claims

On August 7, 2023, the U.S. Court of Appeals for the Second Circuit in Carr v. New York City Transit Authority (No. 22-792-cv, 2023 WL 5005655) (“Carr”) revisited and clarified the appropriate legal standard for analyzing...more

Fisher Phillips

What Construction Employers Need to Know About the EEOC’s New Focus on Discrimination in the Industry

Fisher Phillips on

Construction employers should be mindful of the federal government’s renewed focus on combatting discrimination and harassment in the industry. A recent report from the Equal Employment Opportunity Commission (EEOC)...more

Fisher Phillips

5 Tips to Avoid Workplace Retaliation Claims

Fisher Phillips on

Employers know how important it is to comply with workplace anti-discrimination laws – but equally important is ensuring that employees who complain about perceived discrimination are not retaliated against for doing so, even...more

U.S. Equal Employment Opportunity Commission...

California Department of Corrections and Rehabilitation Settles EEOC Charge

Wasco State Prison Failed to Provide a Reasonable Accommodation, Federal Agency Charges - FRESNO, Calif. – The California Department of Corrections and Rehabilitation has settled a federal charge of disability filed with...more

Foley & Lardner LLP

Blurred Lines for Today’s Workplace: Employer Liability for Employee Conduct Outside of the Traditional Workplace

Foley & Lardner LLP on

In a post-pandemic world, the four walls of the office no longer define the workplace. With more and more employees working either remotely or in hybrid roles, employers need to be mindful of their obligations to ensure that...more

U.S. Equal Employment Opportunity Commission...

EEOC Chair Issues New Report “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry”

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) Chair Charlotte A. Burrows issued a report today titled, “Building For The Future: Advancing Equal Employment Opportunity in the Construction Industry.” The...more

U.S. Equal Employment Opportunity Commission...

Shepherd Electric to Pay $185,806 to Settle EEOC Race Discrimination and Retaliation Suit

Electrical Supply Company Fired Two Black Managers Because of Their Race and Complaints About Race Discrimination, Federal Agency Charged - BALTIMORE – Shepherd Electric Co., Inc., a wholesale electrical distributor that...more

U.S. Equal Employment Opportunity Commission...

American Piping Inspection to Pay $250,000 to Settle EEOC Race Discrimination and Retaliation Suit

Agency Resolves Suit Alleging Black Employee Was Harassed and Fired Because of His Race and in Retaliation for Reporting the Harassment - HOUSTON – American Piping Inspection, Inc. (API), an Oklahoma-based testing and...more

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