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Seventh Circuit:  ADA Does Not Prohibit Discrimination Based on Future Impairments (US)

On October 29, 2019, railway operator Burlington Northern Santa Fe Railway Company (“BNSF”) prevailed before the United States Court of Appeals for the Seventh Circuit – which covers Illinois, Indiana, and Wisconsin – in a case in which the company argued that its refusal to hire an obese candidate due to an unacceptably high risk that … Continue Reading

US Supreme Court Leaves Standards of Website Accessibility Ambiguous, Vexing Businesses

Employers already are (or should be) familiar with their obligations not to discriminate against and to reasonably accommodate employees and applicants with disabilities under the Americans with Disabilities Act (“ADA”), which requirements are addressed in Title I of the ADA.  But the ADA also imposes additional non-employment obligations on governments and municipalities (Title II) and … Continue Reading

Don’t Stress – Anxiety May Not Always Be A Disability Under the ADA (US)

On October 22, 2019, a Tennessee federal district court dismissed a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) under the Americans with Disabilities Act (“ADA”) against West Meade Place LLP (“WMP”), a skilled nursing facility, after finding on summary judgment that the EEOC failed to establish that former WMP employee … Continue Reading

EEOC Must Continue Collecting Pay Data Until January 31, 2020 (US)

On October 29, 2019, the U.S. District Court for the District of Columbia ordered that the EEOC must continue to take all steps necessary to complete EEO-1 Component 2 data collection for calendar years 2017 and 2018.  As we recently discussed here, the EEOC filed a motion on October 8, 2019 asking the court to … Continue Reading

Update on EEOC Pay Data Reporting:  EEOC Asks Court to End EEO-1 Component 2 Data Collection (US)

As we most recently reported here and here, as of September 30, 2019, employers with 100 or more employees  (and federal contractors with 50 or more employees) were required to report to the federal government pay data for 2017 and 2018 for their workforce (known as “Component 2” data), broken down by race/ethnicity, sex, and job … Continue Reading

New York Strengthens Data Privacy and Security Protections: Employers Must Adopt Safeguards (US)

Joining the growing list of states enacting privacy and data security laws, on July 25, 2019, New York’s governor signed into law the “Stop Hacks and Improve Electronic Data Security” Act (the “SHIELD Act”), amending the state’s data breach notification and cybersecurity law. The SHIELD Act applies to “any person or business that owns … … Continue Reading

US District Courts Start Applying Kisor v. Wilkie; Is Auer Deference Now a “Paper Tiger”?

Our colleague Brent Owen at the FrESH Law Blog (which covers perspectives on Environmental, Safety, and Health law) recently provided an update to his prior post addressing the US Supreme Court’s then-pending decision in Kisor v. Wilkie.  In that case, decided in late June 2019, the Court addressed the Auer standard of deference that is applied by courts to administrative agencies’ interpretations … Continue Reading

Implicit Bias and Disparate Impact Claims: A Primer for Employers (US)

Employers are generally familiar with the complex web of federal and state statutes that prohibit workplace discrimination on grounds including sex, race, color, national origin, religion, genetic information, age, and disability and they are, by and large, vigilant to prohibit explicit forms of discrimination on these protected bases. But rare is the case where direct … Continue Reading

California Passes Slew Of Worker-Friendly Laws, Most Notably Banning Mandatory Arbitration of Employment Claims

California Governor Gavin Newsom just signed a new batch of worker-friendly laws sponsored by Democrats in the California Assembly and Senate.  These laws cover a range of topics from arbitration agreements to workplace safety. AB 51 will garner particular attention because not only does it substantially prohibit arbitration agreements, it criminalizes them.  The new law … Continue Reading

A Divided U.S. Supreme Court Hears Oral Arguments on Trio of LGBT Employment Discrimination Cases (US)

On October 8, 2019, the U.S. Supreme Court heard oral argument in three employment discrimination cases involving what protection, if any, Title VII of the Civil Rights Act of 1964 – which prohibits discrimination in employment on the basis of, among other things, sex – affords against sexual orientation and gender identity-based discrimination.  As we previously discussed … Continue Reading

U.S. District Court Decision Upholds “Race-Conscious” College Admissions Policy at Harvard University, Affirming Affirmative Action Plan (US)

On October 1, 2019, a U.S. District Court Judge for the District of Massachusetts ruled in favor of Harvard University in a closely watched case examining whether the college’s admissions process, which takes candidates’ race and economic circumstances into account, results in race-based animus against Asian-Americans. The suit, filed by an anti-affirmative action advocacy group, … Continue Reading

Sixth Circuit Eliminates Contractual Limitations Periods For Title VII Claims (US)

Our colleagues Colter Paulson and Justin DiCharia at the Sixth Circuit Appellate Blog (which covers, as you may have guessed, developments in the U.S. Court of Appeals for the Sixth Circuit) authored the post below discussing the Sixth Circuit’s recent decision in a case in which the Court was tasked with deciding whether an employer … Continue Reading

DOL’s September Opinion Letters Address CBA and FMLA Conflicts and Retail and Service Overtime Exemption (US)

The United States Department of Labor’s (“DOL”) Wage and Hour Division issued two opinion letters on September 10, 2019, addressing certain aspects of the federal Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”). DOL opinion letters are not binding law, but provide guidance into how the DOL interprets the laws that … Continue Reading

State Law Round-Up: Wage Theft Laws (MN, NJ) and Restrictions on Non-Compete Agreements (ME, MD, NH, OR, RI, WA) (US)

Wage Theft Laws In response to Minnesota’s wage theft law, which we previously reported about here, the city of Minneapolis has passed its own wage theft law, Ordinance No. 2019-031, which will go into effect on January 1, 2020. The law applies to any employee that works for an employer for at least 80 hours … Continue Reading

Summer Vacation Is Definitely Over At The NLRB (US)

Between August 29 and September 10, the National Labor Relations Board (“NLRB” or “Board”) issued four decisions that resolve important issues that have been the subject of long-running disputes.  It also issued an invitation to submit briefs in a case that provides an opportunity for the current Board majority members to revise the standard for … Continue Reading

California Passes Sweeping New Law Limiting Employer Use Of Independent Contractors (US)

AB 5, and its “ABC test,” expected to have greatest impact in “gig economy” jobs, but impact certain to be even more widely felt After a summer of lobbying and debating, the California Assembly adopted AB 5, a headline-grabbing law purporting to transform the status of gig-economy workers at companies like Uber, Lyft, and DoorDash.  … Continue Reading

EEOC Presses Pause on Collection of EEO-1 Pay Data After This Year’s September 30 Reporting Deadline (US)

As we have previously reported here, companies with at least 100 employees must collect and report 2017 and 2018 employee pay data information, broken down by race/ethnicity, sex, and job category (“Component 2 data”) as part of their annual EEO-1 report. This Component 2 data remains due to be filed with the EEOC by September … Continue Reading

Illinois Enacts New Law In Response To #MeToo Movement (US)

On August 9, 2019, Illinois Governor JB Pritzker signed into law the Illinois Workplace Transparency Act (“WTA”), imposing new requirements and modifying existing laws in ways that will impact nearly all Illinois employers – and may be a signal of things to come in other US states.  The WTA aims to address concerns raised through … Continue Reading

NLRB Issues First Decision Addressing Mandatory Arbitration Agreements Since Epic Systems (US)

If you’ve been following our blog, you already know that the topic of employer-mandated arbitration agreements has been a hot issue in recent years for government agencies and in the state and federal courts.  Most notably, in May of last year, the United States Supreme Court issued its highly-anticipated decision in Epic Systems v. Lewis, … Continue Reading
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