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Labor & Employment Civil Rights

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

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

Sexual Harassment Dominates California Legislation in 2018

by Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

“Sooo… We Need to Talk” – The Consequences of Failing to Engage in the Interactive Process

The ADA requires employers to engage in an interactive process with disabled employees, and courts often set a high bar for what that looks like. Expensive litigation continues to be the consequence when employers terminate...more

California’s Labor & Employment Changes for 2018: Part II - Court Cases Impacting Labor & Employment Law

by Best Best & Krieger LLP on

California courts and Legislature greatly expanded protections for public and private workers in 2017, passing laws and handing down decisions regarding wages, rest periods, harassment, workplace discrimination and free...more

InsideUp To Settle EEOC Disability Discrimination Lawsuit

Small Marketing Business Fired Employee Because of His COPD, Asthma and Emphysema, Federal Agency Charges - SAN DIEGO - InsideUp Inc., a San Diego-based marketing company, will pay $10,500 and provide other significant...more

The Need to Go Above and Beyond the ADA in Maryland: Disabled Applicants/Employees Need Individual Assessments

by Pessin Katz Law, P.A. on

In light of developments in Maryland employment discrimination law, employers are strongly encouraged to re-examine their reasonable accommodation policies and procedures. When confronted with a reasonable accommodation...more

Court rules employee’s behavior justified mental health exam

by McAfee & Taft on

There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more

Supreme Court May Take Up Tricky ADA Leave Issue

by Hogan Lovells on

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to recover from treatment before returning to work....more

Is a Broken Arm a Disability?

In Connecticut, employees with disabilities are protected from discrimination by both the federal Americans with Disabilities Act (“ADA”) and by the Connecticut Fair Employment Practices Act (“CFEPA”). Some disabilities are...more

Power Balance: Energy Companies Face UK Gender Pay Reporting

by King & Spalding on

From April this year, any company with UK operations comprising 250 workers or more will have to publish details of their gender pay gap information. Organisations must publically report how much, on average, is the pay...more

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

California’s Labor & Employment Changes for 2018: Part I - Legislative Changes Impacting Employers

by Best Best & Krieger LLP on

California courts and Legislature greatly expanded protections for public and private workers in 2017, handing down decisions and passing laws regarding wages, discrimination based on criminal and salary histories,...more

The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims

by Littler on

A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to...more

Employment Law 2017 Year in Review

by Barley Snyder on

While the buzz and publicity on the issue has been mainly contained to the worlds of politics, media and entertainment, with recognizable names such as Harvey Weinstein, Kevin Spacey, and Louis C.K. all facing...more

What's Really Going on When You Receive an Iowa Civil Rights Commission Complaint?

by Davis Brown Law Firm on

When an employer receives an official notice from the Iowa Civil Rights Commission or any other agency, it can cause a slight elevation of blood pressure and potentially a drop in your stomach as you open the envelope to see...more

Los Angeles Jury Awards Former UCLA Oncologist $13 Million In Gender Discrimination Case

On Thurs. Feb. 15, 2018, a downtown Los Angeles jury awarded Dr. Lauren Pinter-Brown, a former UCLA oncologist, $13 million in a gender discrimination case. Pinter-Brown alleged that she was forced to take another job after...more

Firefighter loses lawsuit over confidentiality provisions of ADA

by McAfee & Taft on

In an opinion handed down on February 7, 2018, the federal court of appeals that applies to Oklahoma ruled in favor of an employer in a lawsuit over the confidentiality provisions of the Americans with Disabilities Act (ADA)....more

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