News & Analysis as of

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

Tampa Bay Federal, Local Government Agencies to Observe 50th Anniversary of 1964 Civil Rights Act

Landmark Legislation Still Holds Significance for Millions of Americans - TAMPA, Fla. - Several government agencies will join forces on July 2 to commemorate the 50th anniversary of President Lyndon B. Johnson's...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 48: Transgender Rights Under Title VII...

As Pride festivities celebrating the lesbian, gay, bisexual, and transgender (LGBT) culture occur this month in Los Angeles, San Francisco, San Diego and Sacramento, we take a look at the development of transgender...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 35: Title IX: We’ve Come a Long Way, Baby

For starters, you can’t refer to employees in the workplace as “baby” anymore. And for that, we can thank the enactment of a Title VII and Title IX. We’ve covered the enactment of Title VII here. Equally important was the...more

Houston Passes Controversial Anti-Discrimination Ordinance

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

OFCCP Announces Timeline for Issuing Proposed Rules on President Obama’s Compensation Agenda

The Office of Federal Contract Compliance Programs (“OFCCP”) plans to issue proposed rules implementing President Obama’s recent executive actions on the compensation practices of federal contractors. ...more

Think Third Party Harassment Can’t Harm You? Think Again

On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment. The Court held...more

EEOC Roundup

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Florida Supreme Court Decides that Florida Civil Rights Act Prohibits Pregnancy Discrimination

On April 17, 2014, the Florida Supreme Court resolved a certified conflict between two of Florida’s district courts of appeal, to hold that the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination. To read the...more

Oklahoma Government Bodies May Not Consider Race, Sex, Ethnicity Or National Origin In Employment, Contracting, Or School...

In 2003, despite the Constitutional prohibition on racial discrimination, the U.S. Supreme Court in Grutter v. Bollinger permitted the University of Michigan to consider applicants’ race to ensure a diverse student body. In...more

Sixth Circuit Says Plaintiff Can Pursue Blended Race and Sex Discrimination Claim Even Though She Was Replaced By a Woman

When pursuing a federal employment discrimination claim, plaintiffs frequently allege multiple bases for the claim, i.e., age and disability, or gender and religion. Last month, the Sixth Circuit Court of Appeals concluded...more

Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision

Last week the U.S. Court of Appeals for the Second Circuit held that filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) does not toll the statute of limitations for state-law tort...more

Not all offensive behavior is actionable

There are a lot of good reasons for employers to want to eliminate workplace confrontations. Disputes among employees affect productivity, make for an unhappy and unprofessional work environment, and can escalate to more...more

It’s Never Too Late To Take Corrective Action On A Discrimination Claim

Have you ever thought to yourself when knee-deep in messy litigation, “Wow! If I could only roll back time and do things differently!”? Well, sometimes you can. A recent case illustrates this. In Reeves v. Tennessee Farmers...more

"Does Leaning In Make Legal Sense for Employers? Definitely."

With employment discrimination charges at a 15-year high, employers are seeing a particular increase in claims brought by workers who are pregnant or caring for young children or aging parents. A 2010 report by the Center for...more

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

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

New Gender Equality Notice Issued for New Jersey Employers

The New Jersey Commissioner of Labor and Workforce Development recently issued the official notice poster (the “Notice”) informing employees of their right to be free from gender-based discrimination in pay, compensation,...more

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

Employment Law 101: Holiday Parties

Who, What, Why . . . Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff. What are the legal issues: Holiday parties...more

Supreme Court Hears Second Affirmative Action Case This Year

On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas, the Supreme Court heard oral argument in Schuette v. Coalition to...more

Bill to Ban Pregnancy Discrimination Unanimously Passed by New Jersey Senate

Similar to recent legislation passed in New York City, the New Jersey Senate unanimously passed a bill on Monday that would explicitly prohibit employment discrimination based on pregnancy, childbirth, or medical conditions...more

New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations

On October 2, 2013, New York City Mayor Michael Bloomberg signed Int. No. 974-2012A to amend the New York City Human Rights Law (NYCHRL) by expanding protections against discrimination for pregnant employees. The NYCHRL, as...more

EEOC Sues Employment Staffing Agency ILM for Sex-Based Hiring Discrimination

California-Based Firm Refused to Refer Women For Jobs in Tennessee, Federal Agency Charges - NASHVILLE, Tenn. - A California-based private employment and recruiting agency, Industrial Labor Management Group, Inc....more

Former Dukes Class Members Foiled by Eleventh Circuit’s “No Piggybacking” Rule

Former Wal-Mart Stores, Inc. v. Dukes class members were dealt another blow this week when Southern District of Florida District Judge Robert N. Scola, Jr. granted Wal-Mart’s motion to dismiss more regionally-focused class...more

New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant...

The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against...more

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