Vermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees....more
On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual...more
5/14/2018
/ Anti-Harassment Policies ,
Employee Training ,
Gender Discrimination ,
Hiring & Firing ,
Local Ordinance ,
Mayor de Blasio ,
NYHRL ,
Posting Requirements ,
Sexual Abuse ,
Sexual Harassment ,
State Contractors ,
State Labor Laws ,
Statute of Limitations
On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action...more
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex...more
3/28/2018
/ Appeals ,
Civil Rights Act ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
LGBTQ ,
Podcasts ,
Reversal ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Split of Authority ,
Title VII ,
Transgender
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the...more
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the...more
On the heels of its recently issued fact sheets, the NYC Commission on Human Rights (the “Commission”) has published a frequently asked questions page on the New York City salary history inquiry law, which goes into effect on...more
As the October 31, 2017 effective date for the New York City salary history inquiry law fast approaches, the NYC Commission on Human Rights (the “Commission”) has issued two new fact sheets addressing applicants’ rights, and...more
Earlier this month, Connecticut Governor Dannel Malloy has signed into law “An Act Concerning Pregnant Women in the Workplace” (the “Act”), which enhances employment protections for pregnant employees and applicants under the...more
A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring...more
On May 30, 2017, New York City Mayor Bill de Blasio signed a bill package into law that will impose new restrictions on retail and fast food employers with regard to employee scheduling, hiring, and pay practices. The laws...more
6/5/2017
/ Fair Workweek ,
Fast-Food Industry ,
Flexible Work Arrangements ,
Food Service Workers ,
Hiring & Firing ,
Independent Contractors ,
Local Ordinance ,
Mayor de Blasio ,
New Legislation ,
On-Call Employees ,
Part-Time Employees ,
Retail Workers ,
State and Local Government ,
Temporary Employees ,
Wage and Hour ,
Work Schedules
In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a...more
New York City Mayor Bill de Blasio has signed into law a bill that will make it unlawful for private employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The...more
Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process....more
The New York City Council has approved a bill that would make it unlawful for private employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The bill now goes...more
In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the...more
4/7/2017
/ Appeals ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender
The City of Philadelphia has passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process. The law, which amends the city’s current Fair Practices...more
The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law...more
9/1/2016
/ Aiding and Abetting ,
Appeals ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Human Rights ,
Independent Contractors ,
Joint Employers ,
NYHRL ,
Subcontracts
New York City Public Advocate Letitia James has introduced legislation before the City Council that would amend the New York City Human Rights Law to make it an unlawful employment practice for employers to request job...more
8/22/2016
/ Background Checks ,
City Councils ,
Corporate Counsel ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
NYCHRL ,
Pay Equity Laws ,
Popular ,
Proposed Legislation ,
Salary/Wage History ,
Wage and Hour
Effective as of July 7, 2016, amendments to the Philadelphia, PA Fair Practices Ordinance make it an unlawful discriminatory practice for an employer to procure, seek to procure, or use an applicant’s or employee’s credit...more
In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more
It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more