On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that discrimination on the basis of sexual orientation is a prohibited form of sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). And it did so in no … Continue Reading
On March 13, 2017, the EEOC launched a new Online Inquiry and Intake System, making it easier for employees to seek assistance from the agency regarding claims of workplace discrimination, harassment, and retaliation. The new system is available to individuals who live within one hundred miles of the EEOC’s offices in Charlotte, Chicago, New Orleans, … Continue Reading
On December 12, 2016, the Equal Employment Opportunity Commission published a resource document explaining the legal rights of workers with mental health conditions under the Americans with Disabilities Act. Each year, approximately 5% of charges filed with the EEOC allege discrimination or harassment based on mental health conditions. While not announcing new law, the guidance … Continue Reading
As we reported previously, in September 2016, 21 U.S. states filed a lawsuit to enjoin the implementation of the long-anticipated Fair Labor Standards Act (“FLSA”) regulations, which were scheduled to go into effect on December 1, 2016. The states argued that the Department of Labor’s regulations (the “Final Rule”) would force states and businesses to … Continue Reading
On November 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance regarding national origin discrimination. The EEOC also published a parallel question and answer page, on national origin discrimination applicable to small businesses. Although not carrying the force of law, like a statute or regulation, the Enforcement Guidance gives employers a clearer understanding … Continue Reading
Arizona is just one of many states in which business owners – many of them, small business owners – are being inundated with lawsuits filed by disabled individuals or disability advocacy organizations alleging inaccessible public accommodations. These serial litigants allege that the defendants have failed to comply with the Americans with Disabilities Act (“ADA”) or … Continue Reading
On April 3, 2015, we reported that the Securities and Exchange Commission (SEC) had sent letters to numerous publicly-traded U.S. companies requesting their nondisclosure agreements, severance and settlement agreements, and other contracts entered into after the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) to determine whether the documents unduly interfere … Continue Reading
Two recent federal appellate decisions suggest that even the hallowed employment at-will doctrine is not without its limitations. The first is Swindol v. Aurora Flight Sciences Corp., a case decided by the Fifth Circuit Court of Appeals on August 8, 2016. The employee in that case was fired for parking his truck in the company … Continue Reading
On July 23, 2016, the Massachusetts legislature unanimously passed a comprehensive pay equality bill aimed at eradicating gender-based pay discrimination. The governor of Massachusetts signed the bill on August 1, 2016, but the law will not go into effect until July 1, 2018. The law requires that employers pay men and women equally when their … Continue Reading
We recently reported that the House and Senate overwhelmingly passed the Defend Trade Secrets Act (DTSA), which establishes the first federal civil claim for misappropriation of trade secrets. Today, President Obama signed the Act into law. The new law expands employers’ options for protecting against trade secret theft. Once the province solely of various (and sometimes … Continue Reading
Many employers maintain policies that restrict the amount of time an employee can take off from work, or that prohibit employees who are ineligible for leave under the Family and Medical Leave Act to take time off from work at all even when ill or injured. But a new resource document issued by the EEOC … Continue Reading
On November 24, 2015, the U.S. Court of Appeals for the Third Circuit (which hears appeals from federal district courts in Delaware, New Jersey, and Pennsylvania) issued a precedential opinion addressing when and whether an employer must pay an employee for meal periods. The case was filed by a group of corrections officers at a prison in … Continue Reading
In two recent decisions out of the D.C. Circuit Court of Appeals, the court reversed the National Labor Relations Board (NLRB or Board), finding that Board’s conclusion that the employers engaged in unfair labor practices in each case ignored simple realities, and instead restored the common sense balance between employees’ and employers’ rights with respect … Continue Reading
Second Circuit Court of Appeals Adopts New Test for Determining Whether Unpaid Interns Should Be Classified and Paid as Employees Unpaid internship programs have come under heightened scrutiny in recent years by the Department of Labor, the Internal Revenue Service, and other regulatory agencies, as well been the subject of a number of high-profile lawsuits. … Continue Reading
Many employers offer wellness programs to employees—such as providing rewards to employees for participating in health and wellness programs (e.g., weight loss, smoking cessation) and achieving particular results, or penalizing employees for declining to participate in such programs in the form of higher insurance premiums—as a way to encourage healthier, more productive workforces while reining … Continue Reading
On March 9, the US Supreme Court issued a decision in Perez v. Mortgage Bankers Association, 575 U.S. ___ (2015) that significantly relaxes the requirements for federal agencies making changes to rules interpreting the regulations they enforce. The case stems from a 2010 Department of Labor “Administrator Interpretation” that reversed the Department’s position (articulated in … Continue Reading
On February 3, 2015, the EEOC’s Director of the Office of Field Programs issued a memorandum to the agency’s district directors regarding the handling of LGBT-related discrimination claims. Although Title VII does not explicitly prohibit discrimination on the basis of an employee’s identification as gay, lesbian, bisexual or transgender, the memorandum states that the EEOC … Continue Reading
The Equal Employment Opportunity Commission (EEOC) has been concerned for quite a while about the disparate impact that the criminal background checks many employers run on applicants and employees may have a disparate impact on the basis of race and national origin. Specifically, the EEOC has been convinced since at least the 1980s that the … Continue Reading
The U.S. Supreme Court departed from the pro-arbitration stance it has taken in the past several terms in Oxford Health Plans LLC v. Sutter, No. 12-135, 569 U.S. ___ (June 10, 2013). Dr. John Sutter, a pediatrician, brought a putative class action lawsuit against Oxford Health Plans, a health insurance company, for Oxford’s purported failure … Continue Reading
On February 26, 2013, by a vote of 5 to 3, the Phoenix City Council voted to ban discrimination in employment on the basis of sexual orientation, gender identity or expression, and disability. Prior to the vote, the City of Phoenix Human Relations Ordinance (the “Ordinance”) only prohibited discrimination in employment on the basis of … Continue Reading
