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Labor & Employment Civil Rights

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Supreme Court Rules on Whistleblower Protection Case: Don’t Lose Focus on What Really Drives External Reporting

by NAVEX Global on

In an expected ruling, the Supreme Court held that Dodd-Frank’s anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the SEC. The court signaled this outcome...more

Wisconsin Employers: Do Your Job Postings Run Afoul of the Wisconsin Fair Employment Act’s Prohibition Against Conviction Record...

by Hinshaw & Culbertson LLP on

Believe it or not, individuals with criminal convictions can make a business out of trolling online job boards for job postings that express an intent to discriminate against applicants with conviction records—think job...more

Dodd-Frank Whistleblowers Must Have Reported to SEC

by Burr & Forman on

In a triumph of positive statutory law over Chevron deference to the administrative state, the unanimous Supreme Court held this week that Dodd-Frank whistleblower protections require SEC reporting, because the statute...more

New York City Human Right Law Imposes Stringent Accommodation Requirements for Businesses

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 19, 2018, the New York City passed a law requiring that businesses engage in “cooperative dialogue” with individuals with disabilities and in other protected categories in the context of...more

Supreme Court Ruling Narrows Dodd-Frank Whistleblower Definition

by Franczek Radelet P.C. on

In 2010, as part of the sweeping regulatory reforms of the Dodd-Frank Act, which was passed in the wake of the 2008 financial meltdown, Congress expanded whistleblower protections provided to employees who report SEC...more

US Supreme Court Ruling Tightens The Reins On Dodd-Frank Whistleblower Retaliation Claims

by Carlton Fields on

The U.S. Supreme Court dealt a blow to prospective whistleblowers in Digital Realty Trust Inc. v. Somers (February 21, 2018), making it more difficult to bring a retaliation claim under the Dodd-Frank Wall Street Reform and...more

Court Orders Defendants to Search Personal and Business Email Accounts

by Zapproved LLC on

Campbell v. Chadbourne & Parke LLP, 16-CV-6832 (JPO) (S.D.N.Y. Nov. 9, 2017). This proposed class action alleging that the law firm of Chadbourne & Parke intentionally and systematically underpaid its female partners has...more

Whistle? Supreme Court Narrows Whistleblower Protection for Reporting SEC Violations

If you report a suspected SEC violation to your company, but not to the SEC, are you a protected whistleblower? Not according to the Supreme Court’s decision resolving a circuit split on who is entitled to Dodd-Frank’s...more

Employment Law - February 2018 #2

In Massachusetts, ‘Wages’ Don’t Include Sick Time - Why it matters - Accrued, unused sick time does not count as “wages” under state law, Massachusetts’ highest court has determined in a matter of first impression. A...more

EEOC Sues Zachry Construction Corporation For Disability Discrimination

Contractor Used Medical Questionnaires and Exams to Weed Out Employees With Potential Medical Issues, Federal Agency Charges - BIRMINGHAM, Ala. - Zachry Construction Corporation, a San Antonio-based construction and...more

Supreme Court Clarifies Dodd-Frank Whistleblower Provision

by Dechert LLP on

In a decision with substantial implications for Securities and Exchange Commission ("SEC" or "Commission") enforcement, on February 21, 2018, the U.S. Supreme Court unanimously narrowed the scope of anti-retaliation...more

If You Didn’t Report, You Can’t Retort: Supreme Court Limits Dodd-Frank Remedy to External Whistleblowers

by Zuckerman Spaeder LLP on

Tell the Securities and Exchange Commission (SEC). That’s the message the United States Supreme Court sent to whistleblowers with its decision yesterday in Digital Realty Trust, Inc. v. Somers....more

Where is the Line? Options for Professional Leagues and Teams Facing On-Field Player Social Activism

In July 2016, four players on the Minnesota Lynx WNBA team wore black shirts in support of the Black Lives Matter social justice movement. The WNBA fined the players, but later rescinded the fines. In August 2016, San...more

Mandatory Flu Vaccines Land Healthcare Facility In Court

by Holland & Hart LLP on

After rescinding a job offer to an applicant, a Michigan healthcare provider finds itself in federal court defending a religious accommodation claim. If your organization requires employees to get flu vaccines, your policy...more

Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the...

by Snell & Wilmer on

In a unanimous decision, the Supreme Court stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers...more

Dear Littler: Can I Immediately Fire a VP Based on Sexual Harassment Allegations?

by Littler on

Dear Littler: I am a senior HR manager at a mid-sized company. One of our female team members just reported her manager, a vice president, for inappropriate conduct. She claims that what started out as mild flirtation on his...more

Iowa Civil Rights Commission Complaint - Initial Determination

by Davis Brown Law Firm on

The point that many employers fear - receiving a complaint from the Iowa Civil Rights Commission. An employee has alleged that they have been a subject to discrimination in your workplace....more

Dodd-Frank Whistleblower Protection Extends Only to Employees Who Report to SEC

by Holland & Hart LLP on

The United States Supreme Court today narrowed the universe of plaintiffs who can claim protection under the whistleblower anti-retaliation provisions of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act...more

The Tenth Circuit Says That The Reasonableness Of Religious Accommodations Relating To Employees’ Observance Of Sabbath Requires...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of...more

Court Approves $22.5 Million Settlement Covering S.C. Workers

by Nexsen Pruet, PLLC on

Last week, more than a hundred South Carolina employees became eligible to receive millions of dollars from a settlement fund of $22.5 million. A federal judge approved settlement of a lawsuit against a steel mill in Huger,...more

New York City Employers will be Subject to a New Accommodation Law Effective October 2018

by Pepper Hamilton LLP on

Q: I am a New York City employer. What do I need to know about the amendments to the law regarding accommodations? A: Effective October 15, 2018, employers in New York City will be required to engage in a “cooperative...more

Whistle[blowing] While You Work: Dodd-Frank’s Antiretaliation Provision Does Not Protect Internal Reports Of Wrongdoing

by Hogan Lovells on

The United States Supreme Court just issued a decision in a highly anticipated whistleblower case, and unanimously held that the antiretaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act...more

High Court Narrows Dodd-Frank “Whistleblowers”

by Sherman & Howard L.L.C. on

The U.S. Supreme Court yesterday endorsed a narrow definition of the term “whistleblower” in the context of the Dodd-Frank Act. Specifically, the Court ruled in Digital Realty Trust Inc. v. Paul Somers that whistleblowers...more

Is The EEOC’s Background Check Guidance In Jeopardy?

by Akerman LLP - HR Defense on

Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

Equal Pay Act case gets new life

by McNair Law Firm, P.A. on

In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

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