Discrimination

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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

In a landmark ruling on April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, became the first federal appellate court to officially recognize a discrimination claim under Title VII based solely on the plaintiff’s sexual orientation.
Continue Reading Circuit Courts Reevaluate Sexual Orientation Discrimination Claims Under Title VII

Effective March 17, 2017, the District of Columbia will join a dozen other jurisdictions across the country that prohibit an employer’s use of “credit information” in employment decisions. The new law, D.C. Act 21-673, amends the District of Columbia’s existing human rights law by adding credit information as a prohibited basis for discrimination for any employment decision (not just hiring), and applies to employers of any size.
Continue Reading D.C. to Restrict Use of Credit Information in Employment Decisions

The Trump Administration will leave in place an executive order signed by President Barack Obama, which bans sexual orientation and gender identity discrimination by federal contractors. President Obama signed the order in 2014. By doing so, he amended and expanded previous executive orders signed by Presidents Nixon and Clinton, which ban discrimination by federal contractors on the basis race, color, religion, sex, national origin, handicap, status as a parent, and age. …
Continue Reading Executive Order Banning Discrimination By Federal Contractors Remains In Force

Donald Trump’s election took many by surprise. Companies must now quickly determine his likely impact on their operations and workforces. Join us for a 1-hour webinar that discusses Trump’s most likely targets for change and the methodology that Trump and his administration must follow to accomplish that change.
Continue Reading Join us TODAY for a Complimentary Webinar: What Trump’s Election Means for Employers

The Ninth Circuit has joined both the Sixth and Fifth circuits in holding that USERRA claims are subject to arbitration pursuant to an employee’s agreement to arbitrate employment related claims. See Ziober v. BLB Resources, Inc., 2016 WL 5956733 (9th Cir. Oct. 14, 2016). In doing so, the Ninth Circuit, a traditionally pro-employee circuit, has assuaged any fear of uncertainty that employers may have had with respect to their rights to compel arbitration of USERRA claims.
Continue Reading Ninth Circuit Joins Sister Circuits in Holding that Employees May be Required to Arbitrate USERRA Claims

On October 5, 2016, the Eleventh Circuit, sitting en banc, held that an unsuccessful job applicant “cannot sue an employer for disparate impact [under § 4(a)(2) of the ADEA] because [an] applicant has no ‘status as an employee.’” …
Continue Reading Eleventh Circuit: Job Applicants May Not Sue For Disparate Impact Under § 4(a)(2) Of The ADEA