California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more
In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more
Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender...more
In 2016, 1.4 million adults in the United States identified as transgender. Federal Circuit Courts have consistently ruled that Title VII prohibits discrimination in employment based on an applicant’s or employee’s...more
Each New Year typically brings a slew of new laws that affect employers – and 2017 is no exception. Many of these new laws took effect on Jan. 1, so employers must now be in compliance. If not, you must take immediate steps...more
Drafting Employment Applications in Massachusetts - Massachusetts Job Application Requirements - Several Massachusetts laws govern the information that employers must include in their written job applications. ...more
The California Legislature continues to be very active in passing pro-employee legislation, creating additional compliance burdens and litigation risks for employers. The following summary contains the key new laws employers...more
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
Since the EEOC first ruled in 2012 that discrimination based on transgender status constitutes sex discrimination in violation of Title VII, the EEOC has continued to expand protections for transgender employees, finding that...more
Earlier this year, the OFCCP published a Final Rule revising its Sex Discrimination Guidelines which prohibits discrimination by government contractors on the basis of sex. The new Rule requires federal contractors to...more
Last week, the National LGBTQ Task Force and the District of Columbia’s Office of Human Rights issued a new report entitled Valuing Transgender Applicants & Employees: A Best Practices Guide for Employers. This follows the...more
As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning...more
EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more
For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article “The...more
In the last several weeks, North Carolina and Mississippi have passed laws about transgender rights that have garnered headlines across the country. Although both touch on issues of transgender rights, they are actually very...more
Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more
On February 17, 2016, the California Department of Fair Employment and Housing (“DFEH”) issued guidelines on transgender employee rights. These guidelines address what questions employers can ask transgender employees (during...more
The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more
Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more
As transgender issues seem to dominate the headlines, another federal agency has stepped into the debate. Last week, the Occupational Health and Safety Administration (OSHA) issued guidance strongly urging employers to give...more
The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more