News & Analysis as of

Employment Discrimination

CHRO Issues Rare Guidance on Hiring and Employing Veterans

by Shipman & Goodwin LLP on

With Memorial Day coming up this weekend, it’s often a time (or it ought to be a time) to reflect on the sacrifices made by our military. And at the same time, consider how we, as a society, treat our veterans....more

Expanding Limits on Applicant Salary History Questions

Manufacturers in Alaska, Arizona, California, Connecticut, Hawaii and Vermont face new limits on the use of an employee’s salary history. ...more

EEOC Sues Staffing Solutions for Multiple Discriminatory Hiring Practices

Owner Frequently Used Racial Slurs and Forced Out Manager Who Opposed Hiring Discrimination, Federal Agency Charges - BUFFALO, N.Y. - Staffing Solutions of WNY Inc., a Buffalo-based staffing company that places employees...more

Philadelphia District Court Strikes Down Portion of Salary History Ban

by Hogan Lovells on

On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states...more

Don’t Stand So Close to Me: Ten California Sexual Harassment Bills to Watch

In tandem with the growing #MeToo movement, sexual harassment appears to be top of mind for California legislators in 2018. In the wake of Harvey Weinstein, Bill Cosby and the like, California has been flooded with an...more

Two Recent Jury Verdicts Award $6 Million and $7.97 Million To Wrongfully Terminated Employees

Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination. Martinez v. Rite Aid...more

USCIS and DOJ Partner to Protect U.S. Workers from Hiring Policies that Favor Foreign Visa Workers

by Littler on

The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse,...more

Connecticut Soon to Join The Prior Salary Ban(dwagon)

Connecticut Governor Dannel Malloy is poised to sign into law the Act Concerning Pay Equity bill, which has been passed by both the Connecticut House and Senate General Assembly. ...more

Vermont Enacts Salary History Inquiry Law

by Littler on

On May 11, 2018, Vermont Governor Phil Scott signed legislation restricting employers from making salary history inquiries....more

Foothills Child Development Center Agrees to Settle EEOC Disability Discrimination Lawsuit

Company Fired Employee for Participation in Medication-Assisted Treatment for Drug Addiction, Federal Agency Charged - GREENVILLE, S.C. - Foothills Child Development Center, Inc., a South Carolina corporation that owns...more

EEOC Issues Federal Workforce Report for 2015

Small Gains Made in Diversity, Discrimination Complaint Filings Rise Slightly - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released its 2015 Annual Report on the Federal Workforce, showing...more

Common Form I-9 Error — Over Re-verification

by Arnall Golden Gregory LLP on

The Department of Justice (DOJ) settled an immigration-related discrimination claim against the University of California, San Diego related to the unlawful re-verification of work authorized individuals....more

Maine Recreational Marijuana Statute Answers Some Questions For Employers But Raises Others

by Pierce Atwood LLP on

After more than a year of political wrangling, on May 2, 2018, the Maine Legislature overrode a second veto by Governor LePage and enacted the Marijuana Legalization Act. ...more

You’re Biased and That’s Normal. Also, Norms Need to Change | #YCDEthics

by NAVEX Global on

Bias (and even unconscious bias) is not inherently bad. Rather, it is a tool that we use each day to navigate quickly through our environments and decision making. Each day we make thousands of decisions, and many of them are...more

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Courts Struggle with Questions Regarding Retroactive Application of the MHRA Amendments

by Polsinelli on

The Missouri legislature enacted sweeping changes to the Missouri Human Rights Act (“MHRA”) in 2017, which we previously reported on.  Since the amendments went into effect in August 2017, trial courts have grappled with...more

New Washington Laws on Equal Pay and Sexual Harassment NDAs Become Effective in June

by Perkins Coie on

Washington’s Amended Equal Pay Act - The Washington Equal Pay Opportunity Act will go into effect on June 7, 2018. House Bill 1506, signed by Governor Jay Inslee on March 21, 2018, amends the Washington Equal Pay Act, RCW...more

Revival Of Age Discrimination Lawsuit A Warning To Employers

by SmithAmundsen LLC on

At age 58, Dale Kleber was an out of work experienced attorney searching for full-time employment. He applied for a position as a “Senior Counsel, Procedural Solutions” that required the ability to assume complex business...more

7th Circuit Holds That Experience Limits May Violate ADEA

by McGuireWoods LLP on

On April 26, 2018, in Kleber v. CareFusion Corporation, the 7th U.S. Circuit Court of Appeals held that job applicants can pursue age discrimination claims under a disparate impact theory and that a practice of excluding job...more

Countdown to the Massachusetts Equal Pay Act: Will You Be In a Safe Harbor or Rough Waters Come July 1?

by White and Williams LLP on

On July 1, 2018, the Massachusetts Equal Pay Act (MEPA) will take effect. MEPA updates and replaces the Massachusetts Pay Equity Act, M.G.L. c. 149, § 105A, which prohibited discrimination on the basis of sex in the payment...more

Update on Salary History Laws: The Ban Expands to Westchester, NY

Following in the footsteps of neighboring jurisdictions such as New York City, Albany County, and Massachusetts, on April 10, 2018, Westchester County enacted legislation to ban inquiries into a job applicant’s salary...more

EEOC Sues Albertsons for Harassment of Hispanic Employees

SAN DIEGO - Albertsons, Inc., a national retail grocery chain, violated federal law when a class of Hispanic employees in San Diego were subjected to harassment and a hostile work environment through the implementation of a...more

Mixed Results for Employers in Legal Challenge to Philadelphia’s Salary History Ban Ordinance

by White and Williams LLP on

Court distinguishes between unlawful “Reliance” on wage history in setting wage rates and lawful “Inquiries” into wage history - The City of Philadelphia was the first city in the United States to enact an ordinance...more

Louisiana Court Clarifies Prescriptive Period Under State Employment Discrimination Law

The Louisiana First Circuit Court of Appeal recently ruled that the statute of limitations under Louisiana’s anti-discrimination law is only tolled during the pendency of an administrative or investigative review, not to...more

Stand Fast, Employers: What You Need To Know About Standing Desks

by Fisher Phillips on

As the old adage goes, the grass is always greener on the other side. Many employees who are required to stand all day for their jobs would like the option to sit. But in recent years, many employees who traditionally sit...more

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