Discrimination, Protected Class, Employer Liability Issues

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

Meyers Nave on 3/21/2025

On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

Trump and DEI: What Does a Second Term Mean for Employers?

Butler Snow LLP on 1/27/2025

In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

Husch Blackwell LLP on 10/6/2022

In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory...

Genova Burns LLC on 1/19/2022

Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3,...more

Privacy In The Workplace: Employee Dress Or Appearance Policies

Lasher Holzapfel Sperry & Ebberson PLLC on 7/23/2021

(This blog is the third installment in a multi-part series regarding privacy in the workplace.) Employee dress codes and policies can be an important way to ensure that employees properly represent the company’s image...more

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

Sheppard Mullin Richter & Hampton LLP on 4/9/2020

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Can You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole

Fisher Phillips on 7/2/2018

In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I've believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when...more

New Harassment and Discrimination Policy Requirement for Public Contractors

Schwabe, Williamson & Wyatt PC on 10/26/2017

The Oregon Legislature passed HB 3060, requiring most public contractors to maintain specific policies and practices relating to sexual harassment, sexual assault, and discrimination against employees who are members of a...more

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

McNees Wallace & Nurick LLC on 11/22/2016

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

California Enacts a Raft of New Employment Legislation

Proskauer - California Employment Law on 10/21/2015

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in...more

The Ten Most Important Rules for Employers

Zelle LLP on 10/9/2015

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Transgender Discrimination and the Equal Opportunity Workplace

Troutman Pepper on 2/6/2015

Although most companies have workplace policies prohibiting discrimination and harassment based on an employee’s sex, race and religion, many companies have not yet added gender identity to the list of protected categories....more

Employers: Don’t Forget About the Possibility of Associational Discrimination Liability

Mintz - Employment, Labor & Benefits... on 1/29/2015

A case out of a New York State appeals court should remind employers that they may liable for discrimination where they take an adverse action against an employee based on the employee’s association with someone in a...more

2015 Labor and Employment Law Checklist

Levenfeld Pearlstein, LLC on 1/29/2015

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2015...more

Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law

Sheppard Mullin Richter & Hampton LLP on 1/27/2015

On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his...more

If You Haven’t Already, It’s Time to Add Sexual Orientation and Trans-Gender to Your Discrimination Policy

Cozen O'Connor on 1/13/2015

On its face, federal law does not list sexual orientation or trans-gender status as protected categories. Some states or cities have passed their own laws offering such protections, leaving a patchwork of laws across the...more

The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

Foley & Lardner LLP on 9/16/2014

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that...more

Social Media Strikes Back! The Impact of Off-Hours Communications with Employees on Claims of Discrimination

PilieroMazza PLLC on 8/22/2014

How many of us have stared at a Facebook friend request from a boss or co-worker and wondered if clicking “accept” was a good decision? I know I’ve wondered if I really want my boss to know how many tattoos my sister has or...more

Protecting the Rights of LGBT Employees in the United States and Abroad

Foley Hoag LLP - Global Business and Human... on 8/19/2014

On July 21, President Obama issued an Executive Order prohibiting federal government contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) employees. The President directed the U.S....more

President Obama Issues Two Executive Orders in 10-Day Period

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/1/2014

President Obama issued the Fair Pay and Safe Workplaces Executive Order on Wednesday, July 30 only 10 days after prohibiting federal contractors from discriminating based on sexual orientation and gender identity, in the...more

President Obama Issues Executive Order Prohibiting Federal Contractors From Discriminating Based on Sexual Orientation or Gender...

Bracewell LLP on 7/25/2014

On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This...more

Executive Order Bars Discrimination against LGBT Workers for Federal Contractors, Government

Ballard Spahr LLP on 7/25/2014

President Obama recently signed an executive order that will prohibit federal contractors from discriminating against employees based on sexual orientation and gender identity. The executive order adds sexual orientation and...more

President Obama Signs Executive Order Prohibiting Federal Contractors from Discriminating Based on Sexual Orientation and Gender...

McNees Wallace & Nurick LLC on 7/24/2014

Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors,...more

Executive Order Extends LGBT Protections to Federal Contractor Employees

Morrison & Foerster LLP on 7/23/2014

On Monday, July 21, 2014, President Obama amended two prior executive orders to extend employment protections to lesbian, gay and/or transgender (LGBT) workers. Executive Order 11246 was first signed by President Lyndon B....more

President Obama's Latest Executive Order Recognizing Gay and Transgender Rights Among Federal Contractors

Miller & Martin PLLC on 7/23/2014

While much has been said in the mainstream media over the past 24 hours regarding President Obama's latest Executive Order protecting gay and transgender individuals from discrimination by federal contractors, a few...more

Discrimination › Protected Class › Employer Liability Issues

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