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Marital Status Employer Liability Issues

Holland & Hart - Employers' Lawyers

POWR Play: Big Changes Ahead for Colorado Antidiscrimination Law

In June 2023, Governor Jared Polis signed into law the Protecting Opportunities and Workers’ Rights (“POWR”) Act, dramatically altering Colorado’s antidiscrimination law, and presenting a host of new challenges for employers....more

Seyfarth Shaw LLP

Colorado Peculiarities

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Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. ...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

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Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more

Perkins Coie

Oregon Workplace Fairness Act: What Employers Need to Know

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The major elements of Oregon’s Workplace Fairness Act (OWFA) come into effect on October 1, 2020. Employers should review their workplace discrimination and harassment policies, employment agreements, and settlement...more

Bond Schoeneck & King PLLC

The First Department Appellate Division Adopts An Expanded Definition of Marital Status Discrimination Under the New York City...

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

Miles & Stockbridge P.C.

Take My [Wife/Husband/Spouse], Please...Protection from Marital Status Discrimination Expanded In New and Surprising Ways

For better or worse, when your parents disapprove of the person you’ve chosen to marry, there’s not much recourse in the law (although some might call your parents’ attitude a form of intentional infliction of emotional...more

Fisher Phillips

State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law

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The scope of New York City’s marital status discrimination law was just expanded by a state appeals court, meaning that employers need to be even more wary when it comes to any workplace decisions taken on the basis of who...more

Fisher Phillips

Re-Evaluating the Weight of the “Subtle” Discriminatory Remarks: One Pennsylvania Federal Court Discusses "Subtle” Sex...

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Although sex discrimination claims are often met with explanations that the alleged offender didn’t realize what they said or did was offensive, or that the recipient misinterpreted the words or actions of the alleged...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Marital Status Discrimination Claim Fails in Light of Workplace Violence Concerns, California Court Rules

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

Seyfarth Shaw LLP

Office Marital Dispute Did Not Trigger Employer’s Duty to Investigate

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Seyfarth Synopsis: In Nakai v. Friendship House Association of American Indians, Inc., the California Court of Appeal considered whether marital disputes that spill into the workplace trigger FEHA’s marital status protections...more

Seyfarth Shaw LLP

Minister or Not? Gay Bias Case Turns on Employee’s Role

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Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination. The church sought...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Employer’s Fear of Employee’s “Ugly Divorce” Forms Basis of Marital Status Bias Claim

In Smith v. Millville Rescue Squad, (A-19-14, June 21, 2016), the New Jersey Supreme Court broadly interpreted the prohibition against marital status discrimination in the Law Against Discrimination (LAD) to protect a person...more

Seyfarth Shaw LLP

NJ Supreme Court Finds For Employees In Two Recent Cases

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Seyfarth Synopsis: In two recent cases, the New Jersey Supreme Court unanimously expanded state law to protect individuals going through a divorce from discrimination, and remanded another case to the trial court with...more

Genova Burns LLC

Unhappily, Ever After: NJ Supreme Court Rules Divorcing Employees Protected by NJLAD

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Unfortunately, not all marriages are happily ever after. When divorce seems inevitable, losing your job as a result of a looming divorce is something no employee wants to worry about. On June 21, 2016, the New Jersey...more

Zelle  LLP

Marital Status Discrimination

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During a recent conversation with an experienced business lawyer, it became clear that, despite his representation of companies in several states, he was unfamiliar with the concept of marital status discrimination. That got...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced

In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more

BakerHostetler

Who Is Houston’s New “HERO”? Houston City Council Passes Sweeping Equal Rights Ordinance

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On May 28, 2014, the Houston City Council passed the controversial Houston Equal Rights Ordinance (“HERO”) by a vote of 11 to 6. HERO expands the “protected classifications” beyond those currently provided by federal or Texas...more

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