News & Analysis as of September 21, 2024

Age Discrimination › Gender Discrimination

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Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age. less -

“Show Me the Money”: Pay equity and transparency in the workplace

Constangy, Brooks, Smith & Prophete, LLP on 3/12/2024

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many...more

Diskriminierung im Bewerbungsprozess? Was Sie als Arbeitgeber jetzt wissen sollten

McDermott Will & Emery on 2/16/2024

Die Ampelkoalition hat in ihrem Koalitionsvertrag die Ausweitung des Anwendungsbereichs des Allgemeinen Gleichbehandlungsgesetz (AGG) vorgesehen. Ob dies in dieser Legislaturperiode tatsächlich noch geschieht, ist fraglich....more

EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1

Husch Blackwell LLP on 10/3/2023

The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer...more

EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

Fisher Phillips on 8/15/2023

We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal...more

Goldman Sachs, the NFL and the Gender Pay Gap

Trusaic on 6/9/2023

Two major organizations, the NFL and investment bank Goldman Sachs, are facing fallout amid accusations of workplace discrimination and the gender pay gap. Goldman Sachs settlement- Following a gender discrimination...more

Md. Attorney General Can Now Bring Civil Actions Against Commercial Property Owners for Alleged Civil Rights Violations

Miles & Stockbridge P.C. on 5/22/2023

A new Maryland law allows the attorney general to seek equitable relief and fines of up to $25,000, as well as fees, against civil rights violators. The Maryland General Assembly passed during its recent session SB 540,...more

Subjective Criteria For Hiring Decisions Or Rifs May Be Problematic

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/12/2023

Mergers and acquisitions bring lots of financial opportunity, but they can sometimes result in upheaval in the workforce as the new entity determines whether it will operate business differently from its predecessor. If the...more

Italian Fight to Gender Equality

K&L Gates LLP on 1/31/2022

Italy has implemented important new measures to fight the gender equality gap through Law no. 162/2021 (Law no. 162). In more detail, Law no. 162 broadens the scope of “discrimination” to include any treatment due to...more

DC Bill Would Ban Algorithmic Discrimination

Brownstein Hyatt Farber Schreck on 1/19/2022

The Council of the District of Columbia is currently considering landmark legislation that would impose significant obligations on many entities that use algorithms. In sum, the Stop Discrimination by Algorithms Act precludes...more

How Little May An Employee Allege For Retaliation Protection?

Jackson Lewis P.C. on 3/29/2021

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification...more

"Notorious Nine" Mistakes By Employers In Dealing With The EEOC - March 2021

Constangy, Brooks, Smith & Prophete, LLP on 3/12/2021

There's a new sheriff in town . . . . . . so y'all better straighten up. You probably know by now that the Biden Administration fired Sharon Fast Gustafson, the Trump-appointed General Counsel of the Equal Employment...more

California Employment Law Notes - January 2021

Proskauer - California Employment Law on 2/1/2021

Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on 8/5/2020

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Employers and Hiring Managers Beware: The Sixth Circuit Reminds Us That Preselection Decisions May Cast Doubt On Hiring Process...

Seyfarth Shaw LLP on 4/13/2020

Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently reversed summary judgment in favor of an employer on failure to promote claims, finding that the apparent preselection of a candidate prior to the interview...more

Beyond Brick & Mortar – How Civil And Disability Rights Extend To Online Businesses

McManis Faulkner on 3/31/2020

Late last year, the California Supreme Court issued a ruling with implications for online businesses going forward. In White v. Square, Inc., 7 Cal. 5th 1019 (2019), a bankruptcy attorney brought a claim against Square under...more

Facebook Settles Claims Alleging Discriminatory Ad Targeting

Littler on 3/21/2019

On March 19, 2019, Facebook settled several lawsuits brought by the American Civil Liberties Union (ACLU), the Communications Workers of America, and various housing groups related to the placement of employment...more

Contractor Agreements Not Worth The Paper They’re Printed On, Part 785

Fisher Phillips on 2/27/2019

You can have the best independent contractor agreement in the world. You can hire the best gig economy lawyers in the country (ask us, we have some ideas) to draft the absolute crown jewel of a document for you, capturing the...more

Airbnb Joins Uber And Lyft, Ending Mandatory Arbitration For Sexual Harassment And Discrimination Claims

Fisher Phillips on 11/27/2018

Airbnb Inc. recently announced it would no longer force its employees who filed sexual harassment lawsuits to settle their claims in private arbitration. The notice came only days after Google and Facebook made similar...more

Court Not So Hostile to Employer in Hostile Work Environment Case

Bradley Arant Boult Cummings LLP on 6/28/2018

Lest you think that no one can win a hostile work environment claim, we have some positive news from the Second Circuit. In Russell v. New York University, et al., the court issued a summary order (which does not have...more

Employee’s Refusal To Take Drug Test Could Not Support Age And Gender Discrimination Claims

Jackson Lewis P.C. on 1/16/2018

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...more

New California Labor and Employment Laws for 2018

Holland & Knight LLP on 12/14/2017

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on 2/27/2017

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Health Care Reform in Transition While Congress Deliberates

Ballard Spahr LLP on 1/20/2017

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

Bass, Berry & Sims PLC on 11/17/2016

Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

California Employment Law Notes - October 2016

Proskauer - California Employment Law on 10/26/2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

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Age Discrimination › Gender Discrimination

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