Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal...more
10/12/2023
/ #MeToo ,
Anti-Discrimination Policies ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Reform ,
New Guidance ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Sexual Harassment ,
Workplace Harassment Guidance
On April 4, 2022, the Massachusetts Supreme Judicial Court adopted an even more employee-friendly approach to damages for Wage Act violations in the Bay State. In Reuter v. City of Methuen, No. SJC-13121 (Mass. April 4,...more
Late last month, the Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) jointly published “Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557.” In short,...more
Seyfarth Synopsis: Proposed legislation would require many employers in Massachusetts to provide pay scales to prospective and current employees....more
On Monday, the Department of Health and Human Services (“HHS”) announced that the prohibition against discrimination “on the basis of sex” under Section 1557 of the Affordable Care Act (“Section 1557”) once again includes...more
Seyfarth Synopsis: Consistent with Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972, the U.S. Department of Health and Human Services (HHS) recently published recommendations for...more
10/1/2020
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Health Care Providers ,
OCR ,
Section 1557 ,
Sex Discrimination ,
Sexual Harassment ,
Title IX
Seyfarth Synopsis: A Federal Court has temporarily enjoined the Trump administration from putting into effect its recent rule that strips the Affordable Care Act of its gender identity protections....more
8/20/2020
/ Affordable Care Act ,
Civil Rights Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Section 1557 ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender
Under Section 1557 of the Affordable Care Act (“Section 1557”), health programs and activities that receive federal financial assistance cannot discriminate on the basis of race, color, national origin, disability, age, or...more
For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Yesterday, in a landmark 6-3 decision authored by...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: On June 1, 2020, Massachusetts Governor Charlie Baker issued an Executive Order providing details as to which businesses and organizations may reopen during Phase 2 of the state’s reopening plan. ...more
Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and...more