Archives: Discrimination

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BREAKING: NYC “Bans the Box,” Barring Most Pre-Employment Criminal Inquiries

Just weeks after prohibiting employers from using credit checks, the New York City Council Wednesday passed yet another bill that handcuffs businesses attempting to vet new job applicants. Most notably, the bill, commonly referred to as the Fair Chance Act (the Act), bars employers from inquiring about a job applicant’s criminal history before extending a conditional offer … Continue Reading

New York Employment Roundup: March & April 2015

This post was written by Cindy S. Minniti and Mark S. Goldstein. Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what … Continue Reading

Breaking: NYC Council Bars Most Pre-Employment Credit Checks

This post was written by Cindy S. Minniti and Mark S. Goldstein. New York City employers who routinely use credit checks as part of the pre-employment process may be in for a rude awakening. Earlier today, the NYC Council passed legislation that bars most employers with four or more employees, as well as employment agencies, … Continue Reading

Term Limitations in Competitive Sports: Are All German Professional Sports Contracts Invalid?

The Labour Court Mainz is currently creating quite a stir in German professional sports. For decades, it was customary and recognized by the courts that contracts of professional athletes could be limited. The Labor Court in Mainz now sees this differently. German goalkeeper Heinz Müller brought an action against his club Mainz 05. He had … Continue Reading

UK update – Type 2 diabetes controlled by diet is not automatically a disability

This post was written by David Ashmore and Amy Treppass. In Metroline Travel v Stoute, the Employment Appeal Tribunal (“EAT”) decided that employees with type 2 diabetes controlled by diet (rather than medication) are not automatically protected by disability discrimination legislation. The Facts Mr Stoute was employed by Metroline and worked for them as a … Continue Reading

Employment Appeal Tribunal gives guidance on what constitutes sufficient knowledge of a disability to give rise to a duty to make reasonable adjustments

In Donelien v Liberata, the Employment Appeal Tribunal (“EAT”) has held that an employer did not have constructive knowledge of an employee’s disability, even though further steps could have been taken to investigate her condition. Background Under the Equality Act 2010, employers are obliged to make reasonable adjustments to help disabled employees overcome disadvantages arising … Continue Reading

European Court confirms obesity can be a disability under EU law

In our previous blog, “Are obese workers protected from discrimination” , we confirmed the advocate general’s opinion in the case of Kaltoft v Municipality of Billund (case C-354/13) that while obese workers were not automatically covered by EU disability discrimination law, the worker may be considered to be disabled where he or she is “severely, … Continue Reading

Customer Balks at Your Employee’s Religious Expression? Tough Luck, Says the EEOC

Amanda Haverstick and Tsedey Bogale wrote a new article on Forbes.com discussing the recently issued Equal Employment Opportunity Commission (EEOC) Fact Sheet and Question-and-Answer Guide (the Guides). In the Guides, the EEOC reinforces its long-held, hard stance on employers’ duty to accommodate employee religious expression and appearance in the workplace. To read the full article, … Continue Reading

Pregnancy Now a Disability in Philadelphia

With its new law treating pregnancy as a disability, Philadelphia joined Alaska, California, Connecticut, Hawaii, Illinois, Louisiana, Maryland, New Jersey and Texas, as well as New York City, which all passed similar legislation in recent months. Beyond prohibiting discrimination based on pregnancy, childbirth, or a related medical condition, the new Philadelphia ordinance adds to the … Continue Reading

New Jersey Law Against Discrimination Amended To Protect Pregnancy and Require Pregnancy-Related Reasonable Accommodation

Last month, New Jersey became the ninth state to adopt formal protections for pregnancy by amending its Law Against Discrimination (the "LAD") to specifically include "pregnancy" as a protected category, to require reasonable accommodation for an "employee who is a woman affected by pregnancy," and to prohibit retaliation against an employee who requests or receives … Continue Reading

Victimisation under the Equality Act 2010 – ex-employees are now protected (again!)

The Equality Act 2010 makes it unlawful to subject an employee to detriment because they have raised (or are threatening to raise) a complaint about discrimination – so-called “victimisation.” Over the last year or so there have been conflicting judgments from the Employment Appeal Tribunal on the issue of ex-employees and whether they are protected … Continue Reading

New Jersey’s Gender Equity Notice: Posting & Distribution Requirements Go Into Effect January 6, 2014

New Jersey employers are reminded that, beginning January 6, 2014, they are required to conspicuously post a copy of the State’s new Gender Equity Notice (the “Notice”) in the workplace, distribute the Notice to current employees, and thereafter provide written copies of the Notice at the time of hire, annually to all employees, and otherwise … Continue Reading

Three ‘golden rules’ when considering whether an employee is disabled

Last month, we looked at when employer might be deemed to have knowledge of an employee’s disability, discussing (among other cases) the EAT’s decision Gallop v Newport County Council. At that time we noted that the appeal had already been heard in the Court of Appeal but judgment had been reserved.  The Court of Appeal has … Continue Reading

Reed Smith successfully defends Channel 4 and IMG Media in discrimination case

A Reed Smith team, led by employment partner Graham Green and including associates Tom Remington and Amy Ferrington, acted for Channel 4 and IMG Media in successfully defending the age discrimination claim brought by John McCririck in the London Central Employment Tribunal. Mr McCririck had claimed that the decision not to select him for a … Continue Reading

Faced with an employee unlikely to ever return to work? What can you do?

Most employers recognise the need to treat employees who are on long-term sick leave fairly and with compassion. But this has to be balanced with the needs of the business, and sometimes it becomes clear that unfortunately an employee will never be able come back to work, and the employment relationship simply has to be brought … Continue Reading

Pregnancy Protections Grow as NYC Council Continues Expansion of City Human Rights Law

Mark Goldstein contributed to the content of this post. The NYC Human Rights Law (“NYCHRL”)—already one of the most liberal of its kind nationwide—recently became even more so when the NYC Council passed an amendment, by a resounding veto-proof majority of 47-0, that requires employers to “reasonably accommodate” pregnant employees. The new bill comes on the heels … Continue Reading

Proposed Pennsylvania Law Would Prohibit “Unemployment Discrimination”

In what appears to be something of a trend, the Pennsylvania State Legislature is considering a bill entitled “The Pennsylvania Fair Employment Opportunity Act,” attached here, which would prohibit employers from discriminating against job applicants who are unemployed at the time of applying for an open position with an employer.   … Continue Reading

Third Circuit Enforces EEOC Subpoena Seeking Test-Maker’s Files on Employee Selection Tests Used by Employer

Once again, highlighting the potential risk to employers of using employee selection tests to filter applicants, the Third Circuit recently enforced an Equal Employment Opportunity Commission (“EEOC”) subpoena directed to test-maker Kronos, Inc., in a disability discrimination case. EEOC v. Kronos Incorporated, Civ. Act. No. 11-2834 (September 14, 2012, Third Circuit). The involved employer acknowledged that the … Continue Reading

UK Supreme Court rules on two important age discrimination cases

Following abolition of the national default retirement age of 65 last year, the Government left open the possibility for employers to introduce their own “employer justified retirement age” provided the age set was capable of being objectively justified in order to meet the employer’s legitimate aims for introducing this policy.   A recent decision of the … Continue Reading
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