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Labor & Employment Civil Rights

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

6th Circuit: Transgender Discrimination Is Sex Discrimination

by Weiner Brodsky Kider PC on

The Sixth Circuit Court of Appeals recently held that a funeral home engaged in sex discrimination, in violation of Title VII of the Civil Rights Act, when it fired a transgender employee for expressing her intent to...more

Washington State “Bans the Box”

by Fisher Phillips on

Washington has joined a growing list of states and cities to restrict criminal history inquiries in the hiring process with adoption of the Washington Fair Chance Act (2SHB 1298), signed into law on March 13, 2018. Beginning...more

EEOC Sues the Guidance Charter School For Pay Discrimination

Palmdale School Failed to Pay Female and Male Tutors Equally, Federal Agency Charges - LOS ANGELES - The Guidance Charter School, a Palmdale, Calif.-based charter school and non-profit organization, violated federal law...more

Massachusetts Pregnant Workers Fairness Act Effective on April 1, 2018: Be Prepared

by Holland & Knight LLP on

• The Massachusetts Pregnant Workers Fairness Act (the Act), signed into law on July 27, 2017, becomes effective on April 1, 2018. • The Act expressly forbids discrimination against employees due to pregnancy or...more

Washington Bars Sexual Harassment Nondisclosure Agreements

by Fisher Phillips on

In the wake of the Harvey Weinstein scandal and the #MeToo movement, Washington employers will soon need to comply with two new laws aimed at preventing sexual harassment and assault in the workplace while encouraging open...more

Marijuana in the Workplace: What Maryland Employers Should Know

by Pessin Katz Law, P.A. on

In light of recent legislation passed in Maryland, employers now face the question of whether or not to amend their existing drug enforcement policies to reflect medical marijuana users in the workplace. Although under...more

Equal Pay For Equal Work: Washington Updates Equal Pay Act For The First Time In Over 70 Years

by Fisher Phillips on

With heightened attention on gender-based workplace discrimination, Washington recently passed new legislation that creates additional pay equity requirements for Washington employers. Signed into law by Governor Jay Inslee...more

California Employment Law Notes - March 2018

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

Two Federal Courts Of Appeal Find That Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And...

by Butler Snow LLP on

Back in April 2017, the federal 7th Circuit Court of Appeals (governing Illinois, Indiana, and Wisconsin) made big news when it determined that Title VII of the Civil Rights Act of 1964 prevents employers from discriminating...more

Employment Law - March 2018 #2

California Supreme Court Provides Clarification When Calculating Overtime Rate - Why it matters - In an employee-friendly opinion, the California Supreme Court set forth the calculation of a worker’s overtime pay rate...more

Click To Complain: Using Technology to Outsource Workplace Harassment Grievances

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are now being presented with more options to outsource workplace complaints through third party companies and mobile apps. This may create an ease in grievance reporting for the employee, but does...more

2018 California Legislative Update: It’s Spring! What Bills Have Sprung?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Dominating this spring’s planting of proposed employment-related legislation are bills aimed at ending sexual harassment and promoting gender equity. Among the secondary crops are bills regarding...more

Washington Expands Employment Discrimination Protections For Victims Of Domestic Violence

by Jackson Lewis P.C. on

Job applicants and employees in Washington who are survivors of domestic violence, sexual assault, or stalking will have new protections against employment discrimination under a law that will go into effect on June 7, 2018....more

Remember: Pregnant Employees Are Entitled to Reasonable Accommodations Too!

It should come as no surprise that employers must treat pregnant employees just like everyone else when it comes to reasonable accommodations. We’ve blogged on this topic several times before, but a recent lawsuit by the EEOC...more

Mind the gap across the Atlantic – the gender pay gap in the UK and the US

by Womble Bond Dickinson on

Lorraine Heard, legal director at Womble Bond Dickinson (UK) LLP, sets out the background to the new legal requirement that obliges large UK employers to report their gender pay gaps. Theresa Sprain, partner at Womble Bond...more

If You Snooze, You (May) Lose Under the FMLA and ADA, Says the Seventh Circuit

In the recent case of Guzman v. Brown County, No. 16-3599 (March 7, 2018), the Seventh Circuit Court of Appeals affirmed a district court’s grant of summary judgment to an employer on claims brought under the Family and...more

Equal treatment for dads: EEOC settles first of its kind parental leave case

by Bricker & Eckler LLP on

The Equal Employment Opportunity Commission (EEOC) has reached a settlement agreement in the agency’s first lawsuit challenging parental leave policies that grant more rights to new mothers than new fathers....more

Dollar Tree Stores Sued by EEOC For Pregnancy Discrimination

Discount Retail Chain Store Harassed and Then Fired Employee Because of Her Pregnancy, Federal Agency Charges - ATLANTA - A Martinez, Ga., location of a discount retail chain store headquartered in Chesapeake, Va.,...more

Allowing Employee to Use Donated Leave Time Not a Required ADA Accommodation

Some employers use a formal or informal system that allows employees to donate accrued leave time to one another, usually in the context of a serious personal or medical problem. In a recent unpublished decision, the Tenth...more

Eleventh Circuit Reiterates Employers' Heavy Burden Under Equal Pay Act

by Rumberger Kirk & Caldwell on

The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more

Jury May Find Pregnancy Discrimination Where Employer Refused To Assign Work To Avoid Injury To Pregnant Worker

by Jackson Lewis P.C. on

Pregnancy discrimination can arise from an employer’s effort to “protect” a pregnant worker from harm, just as it can from other adverse actions. In Cameron v. NYC Dept. of Educ., 15-cv-9900 (S.D.N.Y), it was alleged that...more

Eleventh Circuit Finds Failure to Increase Salary After New Employee Becomes Proficient May Violate the Equal Pay Act

In Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. Feb. 21, 2018), the court upheld a female arbitration manager’s pay disparity claim despite the employer’s reliance on proof that the employee who was paid more...more

Protecting Your Religious Entity Exemption Under The FEHA While Complying With Other Laws

by Weintraub Tobin on

We all understand the common meaning of the word “employer.” In California, “employers” need to keep track of the various rules and regulations, all of which have their own definitions of the word. Most frequently, the...more

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

New York State Moves One Step Closer to Changes to Sexual Harassment Laws

by Fisher Phillips on

On March 12, 2018, the New York State Senate passed a bill aimed at strengthening and reforming the state sexual harassment laws. The legislation comes on the heels of the #MeToo movement and mirrors much of what Governor...more

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