In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar”), the British Columbia Court of Appeal clarified the test for establishing prima facie family status discrimination. In British...more
Three months into the new legislative year, with all but a handful of state legislatures currently in session, clear employment law trends for 2023 have emerged. Some of the more significant trends reflect the country’s...more
As we have written previously, the test to determine whether an employer has a duty to accommodate family status is not consistent in all Canadian jurisdictions....more
Two recent decisions of the British Columbia Human Rights Tribunal (BCHRT) applied the strict standard test for family status discrimination established by the British Columbia Court of Appeal (BCCA) in Health Sciences...more
On October 18, 2019, we wrote about the tests currently used to establish family status discrimination in Canada, and recommended policies and programs employers can put in place for employees that need accommodations due to...more
In June 2020, Hong Kong passed the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 (“Amendment”), amending the Sex Discrimination Ordinance (SDO), the Race Discrimination Ordinance (RDO), the Disability...more
Members of the Baby Boom generation often remained in one job throughout their working lives. It is now more common for employers to receive résumés from millennials (born between 1981 – 1996) who have had numerous jobs...more
The British Columbia Court of Appeal recently affirmed that it continues to be bound by the existing legal test for adverse discrimination on the ground of “family status” established in Health Sciences Assoc. of B.C. v....more
In 1980, the New York Court of Appeals (the highest court in New York) held that the prohibition against "marital status" discrimination contained in the New York State Human Rights Law includes only discrimination based on...more
In a recent, unpublished opinion, a California Court of Appeal found in favor of an employer on a marital status discrimination claim than an employee brought under the Fair Employment and Housing Act (FEHA). The court held...more
The end of August marks the beginning of the yearly “back to school” ritual. Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick...more
The New York State Legislature recently passed several pieces of legislation, all of which are intended to curtail gender-related employment discrimination. Among other things, this legislation strengthens existing laws,...more
Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’...more
Regla Aclara Incentivos que Pueden Ser Proporcionados para Recibir Información Sobre La Salud de un Cónyuge que Participa en un Programa de Bienestar Patrocinado por el Empleador - WASHINGTON - El Viernes, 30 de octubre...more
On October 21, 2015, New York Governor Andrew Cuomo signed into law sweeping legislation to protect and further women’s equality in New York State. The new laws, which go into effect on January 19, 2016, will help achieve pay...more
The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more
New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more
In Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment to the Constitution requires all 50 states to license marriages between same-sex couples and to recognize same-sex marriages performed out-of-state....more
On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more