News & Analysis as of September 20, 2024

Statute of Limitations › Hostile Environment

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/2/2024

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements...more

New Ohio Law Modifies the Legal Requirements for State Employment Discrimination Claims

Jones Day on 8/3/2021

The Ohio Employment Law Uniformity Act ("Act") took effect on April 15, 2021, streamlining Ohio law and aligning it with federal law in the area of employment discrimination claims in various respects. A summary of the key...more

Texas Adopts Expanded Protections for Employees Asserting Sexual Harassment Claims

Littler on 7/29/2021

In a surprising move for what has historically been an extremely employer-friendly state, Texas Governor Greg Abbott recently signed two new bills (Senate Bill 45 and House Bill 21) that significantly expand the protections...more

Texas Expands Employer Liability for Sexual Harassment

Akerman LLP - HR Defense on 7/26/2021

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas...more

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

Jackson Lewis P.C. on 3/29/2021

Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

California Employment Law Notes - January 2021

Proskauer - California Employment Law on 2/1/2021

Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more

Finally! Ohio Restores its Employment Discrimination Statute

Littler on 1/20/2021

After over 25 years of proposals and negotiations among key stakeholders—including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates—on December...more

“Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim

Proskauer - California Employment Law on 9/29/2020

Blue Fountain Pools & Spas Inc. v. Superior Court, 2020 WL 4581664 (Cal. Ct. App. 2020) - Daisy Arias alleged she suffered sustained, egregious sexual harassment for most of the time she was employed by Blue Fountain,...more

Governor Murphy Proposes Numerous Changes to the New Jersey Law Against Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/4/2020

On February 18, 2020, Governor Phil Murphy proposed a host of legislative changes to the New Jersey Law Against Discrimination (NJLAD) (N.J.S.A. 10:5-1, et seq.). According to the governor, the changes aim “to clarify legal...more

New Jersey to Consider Mandatory Anti-Harassment Training and Other Significant Expansions of the NJ Law Against Discrimination

Proskauer - Law and the Workplace on 2/25/2020

New Jersey Governor Phil Murphy has unveiled a sweeping legislative proposal regarding harassment in the workplace, as well as in housing, public accommodations, and business relationships. The proposal would amend the NJ Law...more

A Change Is Gonna Come - Governor Murphy Announces Proposed Legislation to Revise New Jersey’s Anti-Workplace Harassment Laws for...

Seyfarth Shaw LLP on 2/21/2020

Seyfarth Synopsis: On February 18, 2020, Governor Phil Murphy announced proposed legislation amending New Jersey’s anti-workplace harassment laws for both public and private employers. ...more

New York Dramatically Changes Harassment/Discrimination Landscape for Employers

Ballard Spahr LLP on 8/13/2019

New York Governor Andrew Cuomo signed into law yesterday a bill which will dramatically alter the way discrimination and harassment claims are treated in New York....more

One and Done: NJ Appellate Court Rules that a Continuing Violation Under the NJLAD can Apply to a Hostile Work Environment Claim...

Genova Burns LLC on 8/13/2019

The New Jersey Appellate Division in Adel Mansour v. Brooklake Club Corporation, Inc., d/b/a Brooklake Country Club, A-2472-17T1 (App. Div. July 10, 2019) recently considered a hostile work environment claim by an Egyptian...more

New York State Significantly Expands its Workplace Harassment Laws (Again)

Littler on 6/21/2019

As its session draws to a close, the New York State Legislature substantially revised the state’s anti-discrimination and anti-harassment laws this week, and Governor Andrew Cuomo has promised to sign the new measures...more

New California Employment Law Changes Effective January 1, 2019 and Beyond

Buchalter on 1/2/2019

As the New Year approaches, there are several critical changes in California’s employment laws set to take effect. Many of these changes were driven by the #MeToo movement, which marked its first anniversary in 2018 and is...more

On Your Mark, Get Set, Review! Roundup Of 2019 California Sexual Harassment Prevention Related Legislation

Nossaman LLP on 10/22/2018

As we look to the year ahead, we have prepared a summary of new laws related to sexual harassment prevention. These new laws become effective January 1, 2019 unless otherwise noted. Also summarized are several vetoed bills...more

California Employment Law Notes - July 2018

Proskauer - California Employment Law on 7/12/2018

Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

Web Exclusive: EEOC Trial Tactics Lead To Massive Sanctions Award

Fisher Phillips on 11/13/2017

After more than ten years of protracted litigation brought by the Equal Employment Opportunity Commission (EEOC), including a stop at the U.S. Supreme Court, an Iowa federal district court recently upheld an award of nearly...more

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

Seyfarth Shaw LLP on 3/14/2017

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

Ohio Legislature Proposes Major Reform of Ohio Employment Discrimination Law

Jackson Lewis P.C. on 3/1/2017

The Ohio employment discrimination statute may be in for substantial changes. A bill aimed at comprehensive reform of Ohio’s employment discrimination statute (R.C. § 4112) has been introduced Ohio Legislature....more

Court rules unauthorized absence justifies firing

McAfee & Taft on 7/29/2016

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

Foley & Lardner LLP on 6/7/2016

They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an...more

SCOTUS Aligns Application of Statute of Limitations in Constructive Discharge and Actual Discharge Cases

Hinshaw & Culbertson LLP on 5/25/2016

The U.S. Supreme Court held in Green v. Brennan that the statute of limitations for a constructive discharge begins to run on the date of resignation, not the date of the employer’s last discriminatory act, resolving a...more

Resignation triggers clock start for filing constructive discharge claims

McAfee & Taft on 5/25/2016

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

MLB Litigation Brief: 4th Circuit Hostile Work Enviro, Class Action Trends Cause Concern, Low-Wage Non-Competes & More

Moore & Van Allen PLLC on 6/11/2015

Survey Says Increasing Number of Class Actions Most Important Litigation Trend: Norton Rose Fulbright recently released its global 2015 Litigation Trends Annual Survey, which compiles litigation trends and data gathered...more

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Statute of Limitations › Hostile Environment

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