News & Analysis as of

Human Rights Employer Liability Issues

Deeper Dive into Statistics Confirm Rise in Sex Harassment Cases...With Some Caveats

by Shipman & Goodwin LLP on

So a few weeks back, I suggested that we were entering into a new era of sexual harassment cases and wondered out loud when the statistics would back up my observations. We now have our first signs. Maybe....more

Exclusive: New Statistics from CHRO Show Drop in Discrimination Claims

by Shipman & Goodwin LLP on

Through a recent FOI request, I was able to take a peek at the latest case statistics coming out of the Commission on Human Rights and Opportunities. (The CHRO has since added them to the website as well.)...more

New York Employers, Beware of What You Ask Your Applicants and Employees: New York City’s Salary History Inquiry Ban

Because many of our clients are located in New York or have employees in New York, this blog post is the first of several posts on updates to New York, and New York City employment laws and regulations. More will follow in...more

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

by Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

GOOD NEWS FOR MISSOURI EMPLOYERS: New Legislation Should Make Climate More Business-Friendly

A decade of employee-favorable judicial opinions in Missouri has been undone by sweeping amendments to the Missouri Human Rights Act and codification of employee whistleblower claims. On Friday, Gov. Eric Greitens signed into...more

Religion in the Workplace in France

by Bryan Cave on

Employers and employees seem to be increasingly confronted with the issue of religion in the workplace. Is it just a feeling or a reality? The upsurge of religion in the workplace is an indisputable reality but its...more

New Legislation Allows Philadelphia to Shut Down Local Businesses Who Violate Its Anti-Discrimination Laws

by Fisher Phillips on

The City of Philadelphia will now have the authority to shut down a business within the city for an undefined “period of time” if the business severely or repeatedly violates Philadelphia’s anti-discrimination laws, under a...more

Third Party Contractor Liability Under The New York State Human Rights Laws

by Fox Rothschild LLP on

On May 31, 2017, the Second Circuit seemingly broadened the scope of liability under a New York state anti-discrimination law by holding that non-employer third parties can be held liable for violating rules regarding the use...more

New York Court of Appeals Holds that Out-of-State Entities Can be Liable for Aiding and Abetting Discrimination Under the New York...

Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: you can be subject to liability under the New York Human Rights Law (“NYHRL”) if you “aid and abet”...more

New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions

In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a...more

New York City Seeks to Ban Employer Inquiries Into Applicants’ Salary History

by Genova Burns LLC on

On April 5, 2016, the New York City Council passed a law amending the New York City Human Rights Law, barring all public and private New York City employers from asking job applicants about their prior wages and salary...more

Maine Law Court Charts Different Course for Age Discrimination

by PretiFlaherty on

It is not often that the Law Court interprets the Maine Human Rights Act (MHRA) differently from its federal counterparts. In a recent decision, though, the Law Court did exactly that – it held that the standard for...more

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction...

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: August 2016

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring....more

The Countdown is On: The New OHSA Amendments Come into Force in Less Than 60 Days

by Dentons on

As we previously reported, the amendments to the Occupational Health and Safety Act introduced by Ontario’s Sexual Violence and Harassment Legislation, An Act to amend various statutes with respect to sexual violence, sexual...more

An overview of Bill S-201: An Act to prohibit and prevent genetic discrimination

by DLA Piper on

On May 3, 2016, Bill S-201, An Act to prohibit and prevent genetic discrimination, was given its first reading in the House of Commons. Originally introduced and recently passed in the Senate as a private Member’s bill, the...more

NYC Institutes Ban on Pre-Employment Credit Checks

Most prudent employers these days run background checks of prospective employees as part of the hiring process. While this practice is expanding, so is the network of laws and regulations employers must consider when...more

Human Trafficking and the Joint Employer Standard: Traps for the Unwary

by Fisher Phillips on

Human trafficking is a growing problem in the United States and abroad. Although the common assumption is that human trafficking involves sex, it can also involve labor. According to the Office on Trafficking in Persons, a...more

Gender Identity and Gender Expression Are Now Prohibited Grounds of Discrimination Under The Alberta Human Rights Act

by Field Law on

As of December 11, 2015, gender identity and gender expression are prohibited grounds of discrimination under the Alberta Human Rights Act. Under section 7 of the Act employers cannot refuse to employ or to continue to employ...more

Everything You Need to Know About New York's New FCA Guidance

As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance...more

New Employer Duties under Ontario’s Sexual Violence and Harassment Action Plan

Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (Bill) contemplates amendments to six pieces of legislation, including Ontario’s...more

Employment Discrimination Complaints Up Over 11 Percent in 2014-2015; A Look at CHRO Statistics Part 1

by Shipman & Goodwin LLP on

As I noted on Friday, the Connecticut Commission on Human Rights & Opportunities has, at long last, released case statistics for 2014-2015 fiscal year and has updated their statistics for the last several years. As a...more

NYC Commission on Human Rights Releases Interpretive Enforcement Guide for the SCDEA

by Morgan Lewis on

The Commission’s guide outlines narrow interpretation and recordkeeping requirements for employers seeking exemptions to the SCDEA, as well as guidance on enforcement and penalties for SCDEA violations....more

Four Big Takeaways from Illinois' Proposed Pregnancy Accommodation Rules

by Hinshaw & Culbertson LLP on

Illinois employers, take note—in mid-July, the State's Department of Human Rights published its proposed rules implementing the State's new pregnancy discrimination law. As readers of this blog will know, the new law took...more

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