On November 17, 2020 the Equal Employment Opportunity Commission released proposed updates to its Compliance Manual on Religious Discrimination. The draft revisions are available for public input until December 17, 2020, after which the EEOC will consider the public’s input, make any changes, and publish the finalized Manual.
Continue Reading For the First Time in 12 Years, EEOC Releases Updated Proposals to Compliance Manual on Religious Discrimination
Last month, a court in the N.D. of California denied class certification to a group of Chipotle workers who alleged that the burrito chain maintained unlawful English-only workplaces in the state of California. Guzman v. Chipotle Mexican Grill, Inc., Case No. 17-cv-02606 (N.D. Cal. Jan. 15, 2020). The opinion is a textbook example of how a lack of uniform written policies can, in some instances, benefit employers defending pattern and practice lawsuits. Separately, the case also provides occasion to review the EEOC’s stance on English-Only policies.
Continue Reading Lost in Translation: Court Denies Class Certification to Chipotle Workers Alleging Unlawful English-Only Policy
Dollar General and the Equal Employment Opportunity Commission recently settled a six-year-old Title VII lawsuit. The EEOC brought its race discrimination claim on behalf of a Charging Party and a class of Black job applicants, alleging that Dollar General’s use of criminal justice history information in the hiring process had a disparate impact on Black applicants.
Continue Reading The EEOC Settles Six-Year-Old Lawsuit Attacking Background Check Policy
The United States District Court for the Western District of New York recently granted an early dismissal of a class action lawsuit prior to class certification. According to plaintiffs in the case, the employer’s criminal background check policy for job applicants illegally discriminated against African-American job candidates.
Continue Reading Federal Court Finds That General Statistical Data Is Not Enough to Show That No-Conviction Hiring Policy Was Discriminatory
After languishing on the docket for almost a year, the United States Supreme Court agreed today to hear three cases concerning the scope of Title VII’s protections for LGBT employees.
Continue Reading Supreme Court To Decide Whether Title VII Protects Sexual Orientation and Gender Identity
In one of the most anticipated decisions of the term, the U.S. Supreme Court, in a 7-2 decision, dodged the key constitutional questions in Masterpiece Cakeshop v. Colorado Civil Rights Commission, issuing a narrow opinion finding that the Colorado Civil Rights Commission displayed “impermissible hostility” toward a baker’s sincerely held religious beliefs.
Continue Reading Supreme Court Rules for Baker in Same-Sex Marriage Wedding Cake Case
California’s Fair Employment and Housing Act (“FEHA”) not only prohibits discrimination, harassment and retaliation, but goes a step farther than similar state laws in its explicit requirement that employers take reasonable steps to prevent and correct such conduct.
Continue Reading California Issues Guidelines for Preventing and Correcting Workplace Harassment
On June 30, 2017, Missouri Governor Eric Greitens signed a bill into law that makes substantial changes to Missouri’s employment discrimination laws. The Bill, which goes into effect on August 28, amends the Missouri Human Rights Act (MHRA) and creates the “Whistle Blower Protection Act.” Numerous changes have been made to the MHRA, so the Bill is worth a read.
Continue Reading Missouri Amends Its Human Rights Act and Codifies Whistleblower Protection
In a ceremonial signing on June 22, Philadelphia Mayor Jim Kenney signed a new municipal bill giving the City of Philadelphia authority to temporarily close businesses found to have repeatedly violated the City’s anti-discrimination statutes.
Continue Reading Philadelphia Mayor Signs Bill Giving City Authority to Temporarily Shut Down Businesses That Discriminate
At the request of the U. S. Court of Appeals for the Second Circuit, the New York Court of Appeals recently answered several questions regarding liability under the New York Human Rights Law Section 296(15)—which prohibits denying employment on the basis of criminal convictions…
Continue Reading New York Court Clarifies Who Can Be Liable For Discrimination On The Basis Of Criminal Convictions