News & Analysis as of

Protected Class

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

by Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

De Pere Joins Wisconsin Municipalities With Nondiscrimination Ordinances

On November 21, 2017, the De Pere city council added to Wisconsin’s list of municipalities with local nondiscrimination ordinances. For employers, the De Pere ordinance creates a unique protected class in Wisconsin: victims...more

Be Aware Belgium November 2017

by DLA Piper on

The law provides various measures in order to promote student employment. The act of 3 July 1978 on employment contracts, for example, provides a specific type of student contract in which some mandatory content must be...more

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

WPI State of the States: Lawmakers Keep Their Focus on Equal Pay Measures

by Littler on

As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more

Massachusetts Veterans May Be Entitled to Paid Leave on Veterans Day

Massachusetts employers are reminded that, per legislation signed by Governor Charlie Baker in July 2016, qualifying veterans scheduled to work on Veterans Day who wish to participate in Veterans Day activities in their...more

New Harassment and Discrimination Policy Requirement for Public Contractors

The Oregon Legislature passed HB 3060, requiring most public contractors to maintain specific policies and practices relating to sexual harassment, sexual assault, and discrimination against employees who are members of a...more

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

by Franczek Radelet P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

California Passes State-Wide Ban-the-Box Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Legislature has just created yet another protected class of individuals entitled to sue employers under the Fair Employment and Housing Act....more

Is Gender Identity a Protected Class?

by LeClairRyan on

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.” Recently, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Uniformed Service Members To Become A Protected Class Under The New York City Human Rights Law

by Cole Schotz on

New York City Mayor Bill de Blasio recently signed into law an amendment to the New York City Human Rights Law (the “NYCHRL”) prohibiting discrimination on the basis of uniformed service. The amendment takes effect on...more

Costa Rica's New Labor Reform in Force as of July 25, 2017

by Littler on

On July 25, 2017, Law No. 9343, known as the “Labor Procedure Reform” (LPR), became effective. By amending 348 articles of the Labor Code, the LPR overhauls nearly half of the country’s labor and employment laws,...more

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...more

Oregon Expands Pay Equity Protections

Oregon recently enacted the Oregon Equal Pay Act of 2017 (H.B. 2005) (the “Act”). The Act broadly expands Oregon’s existing equal pay protections and imposes new restrictions on Oregon employers’ use of salary histories in...more

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

by Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

An Insider’s Look at California’s New Gender Identity Regulations: Restroom Access, Pronoun Preference, and More

Regulations drafted by California's Fair Employment and Housing Council addressing issues related to gender identity will become effective July 1, 2017. These first-of-their-kind California regulations will seek to do what...more

Pennsylvania Split on Sexual Orientation Discrimination

by Tucker Arensberg, P.C. on

Two recent federal district courts – from opposite sides of the Commonwealth – reached different conclusions on whether sexual orientation is a protected class under Title VII of the Civil Rights Act of 1964 (“Title VII”). On...more

Supreme Court Decides Sessions v. Morales-Santana

by Faegre Baker Daniels on

On June 12, 2017, the Supreme Court decided Sessions v. Morales-Santana, No. 15-1191, in which it held that an exception to the Immigration and Nationality Act, 8 U.S.C. § 1401 et seq., that provides a benefit to children of...more

Supreme Court rules in two indirect discrimination cases

by Dentons on

For a claimant to prove indirect discrimination, he or she has to show that there is a provision, criterion or practice which puts him or her (and others who share the protected characteristic) at a disadvantage against those...more

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

by Baker Ober Health Law on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

by Littler on

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

Sixth Circuit Says "Cat's Paw" Theory Applies to FMLA Retaliation Claim

Employers sometimes defend retaliation claims by responding that the person or persons making the adverse employment decision was not aware of the plaintiff’s prior complaint. In the employment discrimination context, the...more

When Is Harassment Not Harassment? Guidance From The EAT

by Dentons on

In the case of Baker v. Peninsula Business Service Limited [2017] UKEAT/0241/16, the EAT confirmed that an individual cannot succeed in a claim for disability harassment, unless they first prove that they have that protected...more

Transgender Students in Independent Schools: Developing Best Practices in a Confusing Political Landscape

by Shipman & Goodwin LLP on

Issues regarding transgender students and employees have been at the forefront of political, legal and social discussion in recent months. As independent schools consider their role in promoting the health and safety of...more

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