Earlier this year, Harris County, Texas, which encompasses a substantial majority of the City of Houston, became the sixth Texas city or county to embrace a “ban the box” policy when it adopted the Fair Chance Policy.
Continue Reading Harris County Becomes Latest in Texas to Adopt a Ban the Box Hiring Policy
Executive Order 12866 requires federal agencies to publish an agenda of regulations they plan to propose, promulgate, or review in the coming one-year period. The Department of Labor’s regulatory agenda showed ambitious goals for its agencies in 2022, as does President Biden’s Build Back Better Framework. Employers should brace themselves for increased enforcement activity from agencies such as the Equal Employment Opportunity Commission (“EEOC”), the Occupational Safety and Health Administration (“OSHA”), and the Office of Federal Contract Compliance Programs (“OFCCP”).
Continue Reading Labor Agencies Pursue Aggressive Agendas in 2022
Nationwide, 36 states and over 150 municipalities have adopted “ban the box” laws that prohibit employers from asking applicants about their conviction or arrest records on their initial applications. This article provides updates on recent changes and updates in Hawaii, California, and St. Louis, Missouri.
Continue Reading More States and Localities Enact and Strengthen Ban the Box Laws
As part of Virginia’s overhaul of its labor and employment laws, the Commonwealth enacted Virginia Senate Bill 712, which amended the Virginia Human Rights Act to require covered employers to reasonably accommodate the known limitations of an employee as it relates to pregnancy, childbirth, or related medical conditions, unless such an accommodation would impose an undue hardship on the employer.
Continue Reading Virginia’s Pregnancy Accommodation Law Will Require Most Employers to Update Their Policies
The COVID-19 pandemic has exposed employers to an influx of novel employment law issues. Many employers already have experienced an uptick in related internal complaints or litigation. We identify five particular employment law liabilities employers may be exposed to once the dust settles from the pandemic.
Continue Reading Top Five Employment Law Liabilities Facing Employers Post-Pandemic
On Saturday, April 11, 2020, Virginia Governor Ralph Northam officially signed the Virginia Values Act into law. The bill’s headlining purpose—adding gender identity and sexual orientation to the list of classes protected under the Virginia Human Rights Act—is commendable and has garnered widespread support. However, other, more technical changes in the bill that are unrelated to the headlining purpose are poised to change the landscape of employment litigation in Virginia and could lead to a significant increase in discrimination lawsuits filed in Virginia’s state courts. Virginia employers are well served to begin preparing now for this new procedure in the handling of employment discrimination charges and litigation, as the bill’s new provisions go into effect on July 1st.
Continue Reading Virginia Values Act Could Open Floodgate of New Employment Discrimination Cases For Virginia Employers
The Third Circuit Court of Appeals ruled Thursday that the City of Philadelphia may enforce its law prohibiting employers from asking applicants about their salary history.
Continue Reading Third Circuit: Philadelphia Salary History Inquiry Ban is Constitutional
Yesterday, Governor Cuomo signed the last of several bills that massively overhauls New York State’s discrimination and harassment laws. Employers are advised to take a fresh look at their policies and practices to ensure that they are in line with all the recent changes in New York employment laws.
Continue Reading New York Overhauls Discrimination and Harassment Laws in Second #MeToo Wave
There may be some changes coming to how California enforces its antidiscrimination law, the Fair Employment and Housing Act. In February 2017, a bill was introduced in the California Senate proposing to allow local government entities to enforce antidiscrimination statutes.
Continue Reading California’s Department of Fair Employment and Housing Will Study Local Enforcement of State Employment Anti-Discrimination Law