Category Archives: Discrimination, Harassment and Retaliation
Subscribe to Discrimination, Harassment and Retaliation RSS FeedU.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
UPDATE: Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend
Responding to COVID-19: Illinois Specific Considerations For Employers
Eleventh Circuit Implements Supreme Court’s Young v. UPS Test in Assessing Indirect Evidence of Intentional Pregnancy Discrimination
Illinois Publishes Model Sexual Harassment Prevention Training Program
EEOC Updates Its COVID-19 Guidance
U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date
Coronavirus Concerns Grow As World Health Organization Declares Pandemic
**Updated March 12, 2020** Declaration of Coronavirus Pandemic by the World Health Organization On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”), which has spread to over 100 countries and territories. The WHO … Continue Reading
Virginia Becomes the Fourth State to Ban Discrimination on the Basis of Hairstyles
Coronavirus Concerns Continue as CDC Issues Additional Travel Notices
As employers are likely aware, cases of the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”) continue to spread. While the U.S. Centers for Disease Control and Prevention (CDC) continues to maintain that the risk to the general U.S. population presently remains low, the CDC is now … Continue Reading
New Jersey to Consider Mandatory Anti-Harassment Training and Other Significant Expansions of the NJ Law Against Discrimination
New Jersey Governor Phil Murphy has unveiled a sweeping legislative proposal regarding harassment in the workplace, as well as in housing, public accommodations, and business relationships. The proposal would amend the NJ Law Against Discrimination (“NJLAD”) in numerous significant ways. The proposed legislation to a large extent mirrors that which has been introduced in several … Continue Reading
CDC Releases Guidance for Employers Regarding the Coronavirus
As the recent Coronavirus outbreak continues, the Centers for Disease Control and Prevention (CDC) has released guidance specifically for employers, outlining recommendations and best practices to protect their workplaces. As we previously addressed in detail in our prior blog on Coronavirus and the Workplace, employers may face a number of issues related to the Coronavirus … Continue Reading
Coronavirus and the Workplace: What Employers Need To Know
*** Last Updated: March 13, 2020 *** News that cases of the newly-identified 2019 Novel Coronavirus (also referred to as COVID-19, 2019-nCoV, or SARS-CoV-2, but more commonly known simply as the “Coronavirus”) continue to spread has prompted employers to think about employee safety and ways to address prevention in the workplace, as well as planning … Continue Reading
New York City Extends Human Rights Law Protections and Training Requirements to Freelancers and Independent Contractors
Effective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors. Significantly, this includes the requirement that certain contractors now complete annual sexual harassment prevention training in the same manner as covered employees. Contractors also are now eligible for reasonable … Continue Reading
The Employment Law Landscape in 2020
New Jersey Becomes the Third State to Prohibit Hairstyle Discrimination
EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements
Eighth Circuit Holds Law Firm Partner Not “Employee” Covered by ADEA
[Podcast]: California’s Legislative Response to the #MeToo Movement
New York State Enacts Law to Protect Employees’ Reproductive Health Decisions
New York Governor Andrew Cuomo has signed into law a bill which, effective immediately, prohibits employers from accessing information on employees’ or dependents’ reproductive health without prior consent. Specifically, the new law prohibits an employer from “accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision making, including but not … Continue Reading
Emerging Trend: ADA Does Not Cover Potential Future Disabilities
Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk of a potential impairment. In each case, an employer either declined to hire an applicant or terminated an employee … Continue Reading
Connecticut Commission on Human Rights and Opportunities Issues Guidance on Sexual Harassment Training and Notice Requirements
New York State Issues Additional Guidance Following Recent Expansion of Workplace Anti-Discrimination Protections
As we previously reported, on August 12, 2019, New York State Governor Andrew Cuomo signed into law significant legislation to expand workplace anti-discrimination protections. The State has now updated its FAQs to provide additional guidance on these new requirements. There are several key points now included in the guidance that provide some clarity on employers’ … Continue Reading
