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Civil Rights Updates

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New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding

Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are...more

The Bubbler: January 2018

2017 is in the books and 2018 is now upon us. A dramatic close to 2017 on Capitol Hill ushered in sweeping changes to the tax code that will begin to impact both employers and employees in a number of ways – some more...more

[Podcast]: Laws Governing Background Checks for Employers

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair...more

Employment Defense: It’s Raining Complaints

by Lewitt Hackman on

If you missed recent news regarding the #MeToo movement – welcome back from outer space! The Me Too movement has been sweeping the U.S. and the world since October 2017, encouraging women and men to speak up about sexual...more

What A Government Shutdown Would Mean For Employers

by Fisher Phillips on

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

Equal Pay and Gender Equality are No. 1 on N.J.’s New Governor’s Agenda

by Fisher Phillips on

Hours after being sworn in as New Jersey’s 56th governor on January 16th, Governor Phil Murphy signed an executive order prohibiting public employers from inquiring about a job applicant’s current or prior salary. In doing...more

Settling Discrimination Complaints in Wisconsin

by Ruder Ware on

A recent decision from the Wisconsin Labor and Industry Review Commission has placed a cloud over the settlement of discrimination complaints in Wisconsin. The cloud may not be very dark, but it is a matter that needs to be...more

Five Important Employment Trends for Massachusetts Retailers in 2018

by Goulston & Storrs PC on

Having survived the holiday shopping season, retailers should begin to prepare for any new employment laws that will go into effect in the coming year (and, of course, should ensure that they are complying with existing...more

Website Accessibility Cases Proceed Despite Absence of Regulations

by Akerman LLP - HR Defense on

Recent trends indicate that ’tis always the season for web accessibility litigation, so with the new year, you should take a new look at your website. Businesses around the country, and especially in Florida, are discovering...more

Prior Harassment Warning Used to Attribute Knowledge of Subsequent Conduct to Employer

Under Title VII, employers are only liable for an employee’s – as opposed to a supervisor’s – sexual harassment of a co-worker if it knew or should have known of such conduct. Last month in an unpublished decision, the Second...more

No Good Deed Goes Unpunished: Google Now Accused Of Bias Against Women And Men

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Google now finds itself in the unfortunate position of being accused of discrimination against women in pay and promotions and – according to a new complaint filed in California Superior Court – against...more

Time’s Up: I am woman, hear me roar

by FordHarrison on

“So I want all the girls watching here, now, to know that a new day is on the horizon! And when that new day finally dawns, it will be because of a lot of magnificent women, many of whom are right here in this room tonight,...more

SEC Whistleblower Awards to Insurance Department Employees?

by Carlton Fields on

Many federal, state, and local governmental employees may be eligible for awards pursuant to the SEC’s whistleblower program under the Dodd-Frank Act. If a report to the SEC leads to an enforcement action that results in...more

4 Key Trends In Workplace Class Action Litigation For 2017: #2 Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As our 2018 Workplace Class Action Report describes, 2017 was quite an interesting year for employers in terms of class certification rulings. Though courts issued many favorable class certification...more

Labor & Employment Newsletter - January 2018

by Hinshaw & Culbertson LLP on

Website accessibility lawsuits continue to increase nationwide. Nearly every business sector has faced such lawsuits. In 2017, Florida ranked first in the number of website accessibility suits filed in federal court. Because...more

“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser Training

If an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit...more

Hollywood Shines Light On Pay Disparity Issues

by Fisher Phillips on

Oh, Hollywood. Reports emanating from the center of the U.S. film industry have put a spotlight (see what I did there?) on sexual harassment for several months. But the recent revelations regarding the pay disparities between...more

Governor Cuomo Unveils Planned Attack on Sexual Harassment in the Workplace

by Harris Beach PLLC on

Following national attention on the problem of sexual harassment in the workplace, New York Governor Andrew Cuomo began the year with his 2018 State of the State Address with a proposal to combat sexual harassment in the...more

#MeToo Impacts Harassment Damages/Taxes

by Sherman & Howard L.L.C. on

The recently-enacted Tax Cut and Jobs Act (the “Tax Act”) includes an unheralded change to the tax law that will directly affect sexual harassment settlements. As a direct result of the recent highly-publicized cases...more

In a Class Action, a Federal Court Rejects HHS OCR Interpretation of ACA Section 1557 and Limits the Reach of Unintentional...

by Arnall Golden Gregory LLP on

In a class-action lawsuit, the Northern District of Illinois has deepened a pre-existing district-court split on a key legal question under Section 1557 of the ACA and, in doing so, explicitly rejected a pivotal HHS OCR...more

California Employers: Know and Comply With New Laws Affecting Your Business in 2018

by Faegre Baker Daniels on

Following its pattern in recent years, in 2017 the California legislature enacted many new laws affecting California employers. The new laws address several topics, including: - Broader gender-related discrimination,...more

Prohibiting an Emotional Support Animal BEFORE it Bites Someone?

by Husch Blackwell LLP on

Everyone who deals with emotional support animals is well aware that the Federal Housing Administration (FHA) construes the law very favorably toward the person alleging a need for the animal. Once a person has a medical...more

Diploma Safety Net Option Expanded for NYS Students with Disabilities

by Harris Beach PLLC on

In December 2017, the Board of Regents adopted new emergency regulations that expanded the “superintendent determination” option for students with disabilities seeking to earn a local diploma upon high school graduation. ...more

Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more

Dr. King’s Message Rings True Today In The Context Of The LGBTQIA Community

Martin Luther King, Jr. wrote from a jail cell in Birmingham in 1963, "[t]here are two types of laws: there are just laws and there are unjust laws....How does one determine when a law is just or unjust?...Any law that...more

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