Category Archives: Discrimination, Harassment and Retaliation
Subscribe to Discrimination, Harassment and Retaliation RSS FeedFifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias
Washington State to Require Employers to Provide Salary Ranges and Other Compensation Information in Job Postings
On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill revises the existing state law that requires only that employers provide the minimum wage or salary for … Continue Reading
New York District Court Permanently Enjoins Reproductive Health Notice of Rights Requirement for Employee Handbooks
A Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination based on reproductive health care choices. The requirement, which took effect in November 2019, was part of a broader bill amending the New … Continue Reading
NYC Commission on Human Rights Issues Guidance on Salary Disclosure Law
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law. As we previously reported, the new law will make it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) for a covered employer or its … Continue Reading
Bill Introduced to Amend (and Delay Effective Date of) NYC Salary Disclosure Law
***UPDATE: A revised version of this bill has been approved by the NYC Council. Read more here.*** A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings. As we previously reported, the new law will make it an unlawful discriminatory … Continue Reading
Sweeping Expansion of Protections Relating to Workplace Discrimination on the Horizon in New York State
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of these bills, if ultimately enacted, would potentially lead to a groundbreaking shift in how employers approach settlement of discrimination, harassment and retaliation … Continue Reading
EEOC Releases New Guidance on COVID-related Caregiver Discrimination
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding the treatment of workers with caregiving responsibilities. The new guidance reiterates that while the status of being a caregiver is not a protected … Continue Reading
New York City Council Approves Bill Requiring Including Salary Ranges in Job Postings
***UPDATE: The bill was enacted into law on January 15, 2022 upon no action by the Mayor. The law takes effect on May 15, 2022.*** The New York City Council has approved a bill that would require NYC employers with four or more employees to include in job postings – including those for promotion or … Continue Reading
New York Department of Labor Issues Guidance on Cannabis and the Workplace
The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year of the Marijuana Regulation and Taxation Act (“MRTA”). The MRTA legalized the use of recreational marijuana for individuals ages 21 … Continue Reading
Louisiana Enacts Workplace Protections for Employees Disabled Due to Pregnancy and Limits the Use of Criminal Background Checks in Hiring
EEOC Issues Guidance on COVID-19 Vaccines
On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations are largely perceived as critical in returning all employees to the workplace safely and resuming normal business operations. As such, many employers have been grappling … Continue Reading
December 31, 2020 Deadline Looms for Illinois Employers to Conduct Sexual Harassment Training
[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training
EEOC Updates Its COVID-19 Guidance (Again)
On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our previous posts about the EEOC’s prior COVID-19 guidance are available here and here. The updated guidance includes 18 new questions and answers, most of … Continue Reading
EEOC Releases Guidance on Employee Opioid Use and the ADA
The Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also released a companion document for health care providers on helping patients who have used opioids to remain employed. The guidance defines “opioids” to include … Continue Reading
Maryland Employers: Deadline Approaching to Submit Sexual Harassment Settlement Information
U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity
In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading
