Tag Archives: Discrimination

EEOC Determination: Denial of Transition-Related Health Care Benefits Violates Title VII Rights of Transgender Employees

In a recent Letter of Determination, the U.S. Equal Employment Opportunity Commission (“EEOC”) found probable cause to believe an employer violated the Title VII rights of a transgender employee when it excluded coverage for “transgender treatment/sex therapy” services from its medical benefit plans.  Specifically, the EEOC determined that denying coverage for transition-related services constituted sex … Continue Reading

New California Workplace Harassment Guide Is Useful Tool for Preventing and Addressing Harassment, Discrimination, and Retaliation

On May 2, 2017, the California Department of Fair Employment and Housing (DFEH) issued a Workplace Harassment Guide, which offers recommendations for employers on how to prevent and address harassment in the workplace. While the Guide focuses on workplace harassment, it also is a useful tool for how to handle other workplace issues, including discrimination … Continue Reading

Sexual Revolution: Seventh Circuit Holds Title VII Protects Sexual Orientation

On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit broke new legal ground by ruling that Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, also forbids sexual orientation discrimination.  Hively v. Ivy Tech Community College, No. 15-1720 (7th Cir. 2017) (en banc).  The ruling … Continue Reading

Emerging Labor & Employment Law Trends (Part 1)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. In the first part of this two-part series, we will take a look at some of the principal trends likely to be shaped … Continue Reading

Reminder for NYC Employers: Ban on ‘Caregiver’ Discrimination Has Taken Effect

On May 4, a New York City law barring discrimination against “caregivers” took effect. Specifically, the law prohibits employers from taking an adverse action (e.g., refusing to hire, firing, or demoting), or otherwise discriminating against an employee with respect to the terms and conditions of employment, based on the employee’s actual or perceived status as … Continue Reading

This Is Not a Prank: California’s New Amended FEHA Regulations Are Effective April 1

California’s Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in the workplace that is based on one or more of the categories commonly protected by local, state and federal discrimination laws. On April 1, 2016, new regulations interpreting and expanding upon the statutory language go into effect. Below, we provide a summary of some … Continue Reading

DOL Seeks to Expand the Definition of Illegal Discrimination

We round out our series on recent federal agency action by discussing the U.S. Department of Labor’s (DOL) recent Notice of Proposed Rulemaking for the Workforce Innovation and Opportunity Act (WIOA). The Proposed Rules would update existing nondiscrimination and equal opportunity provisions of the WIOA, which is the DOL’s primary mechanism for providing job training funding. … Continue Reading

California’s Employment Law Class of 2016: The Laws, Their Effects and Our Recommendations for Compliance

Each year, the California legislature – historically the most active of state regulators – reexamines the relationship between employers and their workforces and emerges with a multitude of employment law protections. 2015 was no exception. Lawmakers created novel and expansive measures, affecting companies throughout the state in varying degrees. Some of the laws, most of which take … Continue Reading

‘School’s Out!’ Means More Free Time for Kids, But None for Working Parents. Here is Help for Employers Managing the Fallout.

This post was also written by Lindsay J. Freid. As our nation’s built-in babysitters close shop for the next three months, the bulk of our nation’s workforce braces for the barrage of new summer stressors, including: the uncertain reliability of teenage babysitters needed to cover 7-8 extra childcare hours per day; the effective imposition of second … Continue Reading

Transgender at Work: How Employers Can Stay Off the EEOC Radar Screen

It’s no secret that the EEOC—and even some courts—read Title VII to prohibit discrimination against transgender employees. A growing number of state and city laws also specifically include gender identity and/or expression as protected characteristics. But while employers may understand the legal dangers of firing someone for “coming out” as transgender, the extent of employers’ … Continue Reading

EEOC v. Abercrombie & Fitch: Do You Need to Ask Applicants Whether They Require Religious Accommodation?

This post was also written by Megan E. Farrell. On June 1, 2015, the United States Supreme Court held that a job applicant can establish religious discrimination under Title VII of the Civil Rights Act of 1964 without proof that the employer had “actual knowledge” of the applicant’s need for an accommodation; instead, the applicant … Continue Reading

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
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