News & Analysis as of

Disparate Treatment

GC Memo 18-02 May Signal A Shift Away From Finding Disparate Treatment Of Employees During Contract Negotiations To Be Unlawful...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

When Your Employee Gets the Wrong Advice From “Attorney” Google

by Shipman & Goodwin LLP on

So, a couple of months back, I talked about how separation agreements for small employers might not be covered by the federal law that covers such agreements. After all, since the Age Discrimination in Employment Act only...more

CFPB Alleges Disparate Treatment in Amex’s US Territories’ Credit and Collection Practices

by BakerHostetler on

The Consumer Financial Protection Bureau (CFPB) has issued a Consent Order addressing alleged disparate treatment by banks in overseas territories of the United States. The Consent Order illuminates the CFPB’s approach to...more

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

City’s On-site and Off-site Business Signs Distinction Upheld - Ninth Circuit Says Code is Proper Regulation of Commercial Speech

by Best Best & Krieger LLP on

A City of San Francisco Planning Code section that distinguishes between “general advertising signs” and “business signs” was upheld last week by a federal appeals court. The U.S. Ninth Circuit Court of Appeals ruling...more

New 'Digest of EEO Law' Issued by EEOC

Includes Key Federal Sector Decisions, Special Article on Establishing Disparate Treatment Discrimination - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) yesterday announced the latest edition of...more

Temporary Worker Not Entitled To Leave As A Reasonable Accommodation

by DeWitt Law, LLC on

The Tenth Circuit recently addressed whether an employer had failed to make a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. § 2000e et seq., (“ADA”) regarding a temporary worker’s request for...more

HMDA Changes - The Final Rule and Fair Lending

by Poyner Spruill LLP on

The Home Mortgage Disclosure Act (HMDA), passed by Congress in 1975, requires the collection, recording, reporting and public disclosure of residential mortgage lending activity. The traditional focus of HMDA compliance has...more

Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was...more

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more

Dressing for Work in California this Summer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With summer months almost upon us, here are some dress code tips and tricks for employers to ensure both employee compliance with relaxed summer dress codes and increased employee motivation and morale. We...more

Will South Carolina Ban the Box?

In prior posts, we have noted that HR professionals should acknowledge the tension between making hiring decisions based on an applicant’s criminal history and avoiding Title VII liability, if refusing to hire certain...more

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

by Jackson Lewis P.C. on

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion....more

Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

by Low, Ball & Lynch on

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long...more

Third Circuit Allows Disparate Impact Age Discrimination Action Based on Comparison of Over-40 Workers

For a number of years, federal courts have agreed that plaintiffs in disparate treatment age discrimination claims may demonstrate bias based on the employer favoring younger workers who still fall into the protected...more

Court rules employer not able to accommodate pregnant employee

by McAfee & Taft on

A recent ruling by the federal appeals court that covers Oklahoma reminds employers that they must treat pregnant employees with health conditions or work limitations the same as any other employee with health conditions or...more

U.S. Department of Education Issues New Guidance Interpreting Civil Rights Laws Protecting Students with Disabilities

by Barley Snyder on

Regulators have given school districts new guidance on how to remain compliant with federal laws concerning services to students with disabilities thanks to some year-end agency filings. U.S. Department of Education...more

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

by Ballard Spahr LLP on

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

3rd Circuit Validates Age Discrimination Subgroup Theory

by McGuireWoods LLP on

On Jan. 10, 2017, the 3rd Circuit Court of Appeals held in Karlo v. Pittsburgh Glass Works, LLC, that the federal Age Discrimination in Employment Act (ADEA) permits “disparate impact” claims by subgroups of older workers...more

Co-worker’s racial statements may support discrimination claim

by McAfee & Taft on

As a recent ruling by a Tulsa federal court shows, an employer may be held liable for the racial bias and conduct of its employees, even if those employees do not work in a decision-making capacity within the company....more

Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act...more

Employers May Need To Offer Accomodations To Job Applicants And EMPLOYEES Even If They Do Not Ask For An Accomodation

by Reminger Co., LPA on

Most employers maintain either formal or informal grooming and appearance policies. These policies address the employee’s personal appearance while at work including hairstyle, jewelry, tattoos, piercings, head coverings and...more

Pay Equity Extends to Race, Ethnicity, Without Banning Salary Inquiries

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Jerry Brown recently signed pay equity legislation to build on SB 358, a gender pay equity bill that he signed just four months ago. Recent state pay equity initiatives (in Massachusetts, New...more

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

171 Results
|
View per page
Page: of 7
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.