Tag Archives: discrimination
Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII
In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex and therefore prohibited under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case … Continue Reading
NYC Council to Consider Series of Bills Aimed at Addressing Workplace Sexual Harassment
The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies. The eleven bills, collectively titled the Stop Sexual Harassment in NYC Act, were jointly introduced by the Council Committee on Women and the Committee on Civil and … Continue Reading
Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII
In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case involved Donald Zarda, a gay … Continue Reading
Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims
2017 Form EEO-1 Survey Now Available
Yesterday, the 2017 EEO-1 Survey became available. Private employers with 100 or more employees and federal government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports. As you may recall, last year the U.S. Equal Employment Opportunity Commission (“EEOC”) attempted to revise the Form EEO-1 … Continue Reading
Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation
The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading
New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding
Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk. The amendments also require employers to provide reasonable accommodation to breastfeeding employees. The amendments took effect immediately upon signing by the Governor … Continue Reading
California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process. The law, which will go into effect on January 1, 2018 and will apply to all private and public … Continue Reading
Fact Sheets for Employers and Applicants Issued on NYC Salary History Inquiry Law
As the October 31, 2017 effective date for the New York City salary history inquiry law fast approaches, the NYC Commission on Human Rights (the “Commission”) has issued two new fact sheets addressing applicants’ rights, and employer responsibilities, under the new law. The first fact sheet is addressed to job applicants, while the second fact … Continue Reading
7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA
In a recent decision in Severson v. Heartland Woodcraft, Inc. (Sept. 20, 2017), the Seventh Circuit affirmed a district court’s ruling that an employer did not violate the Americans With Disabilities Act (ADA) by failing to provide an employee with a long-term medical leave of absence. Indeed, the court found that “a long-term leave of absence … Continue Reading
New EEO-1 Form Put On Hold: Employers Have Until March 31, 2018 To Submit Prior Version Of EEO-1 Form
Key Points: The OMB has stayed the implementation of the new EEO-1 Form, which added compensation and hours worked components to the annual EEO-1 submission OMB’s decision was based in part on concerns about burdens the new form would place on employers and the questionable utility of the new information requirements Employers who must submit … Continue Reading
Seventh Circuit: EEOC May Continue Investigation After Dismissal of Private Lawsuit
NYC Human Rights Law Amended to Prohibit Discrimination Against Uniformed Servicemembers and Veterans
NYC Mayor Bill de Blasio has signed into law an amendment to the New York City Human Rights Law (NYCHRL) adding current or prior service in the uniformed services as a protected class under the law. The amendment will take effect on November 19, 2017. As we previously reported, the bill gives veterans and active … Continue Reading
Top Five Proactive Ways for Start-Ups to Avoid HR Nightmares
What Is Going On With The Revised EEO-1 Form? Acting EEOC Chair Provides Insight Into Its Status
As loyal readers of our blog are aware, in February 2016, the EEOC released a rule to amend the Form EEO-1. The new rule requires private employers (including federal contractors) with 100 or more employees to submit pay data with their EEO-1 reports. Employers with fewer than 100 employees will still not need to file … Continue Reading
Massachusetts Pregnant Workers Fairness Act Becomes Law
On July 27, 2017 Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (“MPWFA”), a bill which had unanimously passed in both the House and Senate. As discussed previously, the MPWFA (formerly H. 3816) ensures that pregnant workers or workers with pregnancy-related conditions (such as nursing) receive reasonable accommodations and protection … Continue Reading
[Podcast] The Proskauer Brief: Congressional Legislation Update
Connecticut Expands Anti-Discrimination and Accommodation Protections for Pregnant Employees and Applicants
Earlier this month, Connecticut Governor Dannel Malloy has signed into law “An Act Concerning Pregnant Women in the Workplace” (the “Act”), which enhances employment protections for pregnant employees and applicants under the state’s existing anti-discrimination law. The expanded protections amend the Connecticut Fair Employment Practices Act (“CFEPA”) and will go into effect October 1, 2017. … Continue Reading
New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions
In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a covered employer may extend beyond a worker’s direct employer to also include entities that exercise “order and control” … Continue Reading
Mayor Signs Into Law New York City Bill Restricting Employer Inquiries Into Applicants’ Salary History
New York City Mayor Bill de Blasio has signed into law a bill that will make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The law will take effect on October 31, 2017. As we previously reported, the law prohibits employers, employment … Continue Reading
Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal Challenge
Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process. As we previously reported, the law was scheduled to take effect on May 23, 2017. However, on April 6, 2017, the Chamber of Commerce for Greater Philadelphia … Continue Reading
New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History
The New York City Council has approved a bill that would make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The bill now goes before Mayor Bill de Blasio and, if signed, will become effective 180 days following signature. As we previously … Continue Reading
Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title VII
In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the Seventh Circuit has become the first federal appellate court to extend the protections of Title VII … Continue Reading
