The beginning of 2016 is a busy year for New York employers. Both the state and New York City have enacted a variety of laws expanding protections for employees. Employers need to review their policies to ensure they are in compliance. NEW YORK STATE Effective January 19, 2016, the New York State Human Rights Law … Continue Reading
One of the hottest UK employment law topics of recent times is that of equal pay. Recent press coverage has focussed on claims that the disparity in pay levels is such that on average women effectively work for free from 9 November each year when compared to the remuneration packages of their male colleagues. A … Continue Reading
An interesting new defence to discriminatory harassment claims has been trialled this month by none other than former London Mayor, Ken Livingstone. Our Ken was recently appointed to a senior role in Labour’s Defence Review. Objections were heard from a number of quarters including Shadow Defence Minister Kevan Jones on the seemingly not unreasonable grounds … Continue Reading
Back at the end of July we noted the decision of the Liverpool Employment Tribunal in Gerry Abrams Limited –v- EAD Solicitors LLP that a limited company could claim age discrimination. That rather surprising conclusion then went off to the Employment Appeal Tribunal which has just found in unassailably clear terms that this is correct … Continue Reading
Reflecting perhaps a quiet summer in domestic UK employment law terms, much energy has been expended in recent weeks by commentators on the possible ramifications for HR of a European Court of Justice Case on Bulgarian electricity meters. In reality, however, there may be rather less to this in practical terms than meets the eye. … Continue Reading
New Acas guidance on handling discrimination allegations in the workplace has been issued this week. This is particularly interesting because of the degree of prominence which it gives to informal resolutions of discrimination complaints in place of the often process-driven guidance which Acas has issued in the past. Seeking an informal resolution of a discrimination … Continue Reading
I know that over the years we have said some pretty harsh things in this blog about assorted government proposals and consultation exercises, but I take it all back. There is a new kid in town, the HM Treasury/HMRC consultation document on Simplification of the Tax and National Insurance Treatment of Termination Payments https://www.gov.uk/government/consultations/simplification-of-the-tax-and-national-insurance-treatment-of-termination-payments and … Continue Reading
Just when you think you have mostly got a grip on the scope of UK discrimination law, along comes a whole new avenue of legal debate. Gerry Abrams Limited -v- EAD Solicitors LLP is the first reported case of a claim for direct discrimination by a limited company. In brief, Mr Abrams was a member … Continue Reading
In a decision issued on June 1, the U.S. Supreme Court held that a job applicant alleging disparate treatment by a hiring employer only must show “that his need for an accommodation was a motivating factor in the employer’s decision,” and not that the employer had actual knowledge of the applicant’s need for a religious … Continue Reading
Last week, New York City Mayor Bill DeBlasio signed into law a bill that expands the New York City Human Rights Law and makes it an unlawful discriminatory practice for employers to request or use consumer credit history for employment purposes or otherwise discriminate against an applicant or employee based on their consumer credit history. … Continue Reading
I am quite confident that a great many of us have considered the possibility of getting a tattoo. It may have been during the heady days of youth and only a fleeting fantasy, but a consideration nonetheless. I will freely admit toying with the idea right up to the moment I realised that ‘inking’ myself … Continue Reading
The woman who was called “Crazy Miss Cokehead” by her manager has been awarded nearly £3.2m by an Employment Tribunal for sexual harassment, reportedly including £44,000 for injury to feelings and a further £15,000 in aggravated damages. We originally posted a blog on this story in November 2013 https://www.employmentlawworldview.com/crazy-miss-cokehead-when-banter-goes-too-far/. Following the liability hearing, the Tribunal … 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
For those looking to inject a bit of spice into 2015’s recruitment programme, and courtesy of financial news website, Hereisthecity.com [link], we present “The nine rudest things that interviewers do to job seekers”. This is on closer review a rather limp selection, not close to the sort of ritual humiliation seen https://www.employmentlawworldview.com/napoleon-walks-hr-tightrope-in-uk-call-centre/ or the breathtakingly … Continue Reading
Santa stared with scarcely-concealed loathing at the young barrister elf across the desk from him in the Tribunal room. Sharp suit, shiny shoes and a knot in his nasty nylon tie almost as big as his head. David Beckham had a lot to answer for, Santa thought grimly. “Yes, Mr, er, Claus?” The Employment Judge’s … Continue Reading
California law currently requires that most employers provide sexual harassment prevention training to supervisory employees every two years. In light of the attention being given to incidents of “workplace bullying,” California has now passed a law (AB 2053) amending Government Code section 12950.1 to require training on the prevention of “abusive conduct” as a component of … Continue Reading
The issue of discrimination in professional football has again come to the fore through public statements by Fifa Vice President Jeffrey Webb in The Guardian newspaper that such discrimination is “overt”. This time attention turns to the under-representation of ethnic minority managers in the English football leagues. In particular, the talk has focussed on the … Continue Reading
The recent Tax tribunal case of Moorthy v HMRC considered the well-known Section 401 ITEPA 2003 which, together with Section 403, makes taxable payments over £30,000 which are directly or indirectly in consideration of the termination of employment. It also looked at the rules allowing compensation for injury to feelings caused by unlawful discrimination to … Continue Reading
When George Orwell wrote perhaps his best-known book, 1984 was still thirty-five years in the future and thoughtcrime merely a dramatic device to highlight the prospective horrors of a society which would punish for what you thought as quickly as for what you did. Now 1984 is thirty years in the past, and thoughtcrime surely … Continue Reading
Clearly a quiet Summer over at Acas, to judge by the latest guidance issued this week, this time on Dress Codes. This is a one-page summary of some of the main considerations for an employer in drawing up such a Code – essentially that you ought to have a decent business reason for any restrictions … Continue Reading
As the number of pregnancy discrimination lawsuits has increased, the Equal Employment Opportunity Commission (“EEOC”), for the first time in over thirty years, issued a comprehensive guidance update on pregnancy discrimination last month. The EEOC’s guidance serves to clarify its position on a wide range of topics related to pregnancy discrimination as enforced under the … Continue Reading
It was reported recently that the Royal Navy’s first female warship commander has been relieved of her post following allegations of an affair with an officer under her command (a comment on their working hierarchy rather than any judgment on their alleged romantic relationship, I should make clear). Sarah West is undoubtedly an important figure … Continue Reading
Australian employers have been given a clear warning that damages for sexual harassment are likely to be much higher in future. In October 2013 we wrote about a Ms Richardson who won her sexual harassment claim against her employer and was awarded $18,000 in general damages, being damages for non-economic loss such as pain and … Continue Reading
Fulfilling a 2008 campaign promise, on July 21, 2014, President Barack Obama signed an Executive Order banning workplace discrimination against millions of lesbian, gay, bisexual and transgender employees of the federal government , as well as federal contractors and sub-contractors providing services to the federal government. The Executive Order makes it illegal to fire or … Continue Reading
