News & Analysis as of

Discrimination › Employee Rights

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Constangy, Brooks, Smith & Prophete, LLP

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

Constangy, Brooks, Smith & Prophete, LLP on

On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more

Littler

Washington State to Require Unpaid Leave and Safety Accommodations for Victims of a Hate Crime

Littler on

Effective January 1, 2026, Washington SB 5101 will require employers to provide leave and safety accommodations to employees who are victims of a hate crime or have a family member who is a victim of a hate crime....more

Stikeman Elliott LLP

Québec Language Requirements in the Workplace

Stikeman Elliott LLP on

Since 1977, the Charter of the French Language, CQLR, c. C-11 (CFL) provides that French is the official language in the province of Québec and protects the linguistic rights of Québec citizens. Originally Published from...more

Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Bradley Arant Boult Cummings LLP on

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Offit Kurman

Weddings, Honeymoons, and Milestones: Employer Guidance for Time Off Requests

Offit Kurman on

For HR leaders and business owners alike, the question is not whether employees will request time off for major life events, but when and how your organization will respond. Weddings, honeymoons, and personal milestones do...more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Keating Muething & Klekamp PLL on

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

Farella Braun + Martel LLP on

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more

Walkers

Significant changes proposed for Jersey employment law regime

Walkers on

Mandatory written reasons for dismissal: New day one employment right for employees to be provided with the written reasons for their dismissal within seven days of their employment ending. Increase to discrimination...more

K&L Gates LLP

Recent and Emerging Employment Law Changes Impacting Australian Employers

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Not long after intentionally underpaying employees became a criminal offence on 1 January 2025, additional workplace changes have been announced or made by the federal Labor government to further protect workers and stimulate...more

Tarter Krinsky & Drogin LLP

Action Required for NY State Employers Under New York’s Reproductive Health Bias Law (the “Act”)

Tarter Krinsky & Drogin LLP on

New York State’s Reproductive Health Bias Law (the “Act”) has been reinstated following a Second Circuit ruling. The Act, found in Section 203-e of New York State’s Labor Law, prohibits discrimination based on an employee’s...more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

Holland & Hart LLP on

The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Bradley Arant Boult Cummings LLP

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

Bradley Arant Boult Cummings LLP on

In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more

Littler

Ontario, Canada Human Rights Tribunal Dismisses Probationary Employee’s Discrimination Claim

Littler on

In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC backtracks on transgender, pregnancy; full speed ahead against “anti-American” bias

Constangy, Brooks, Smith & Prophete, LLP on

I reported a few weeks ago that President Trump fired two Democratic Commissioners of the Equal Employment Opportunity Commission (former Chair Charlotte Burrows and Jocelyn Samuels). He appointed Commissioner Andrea Lucas...more

Ius Laboris

Desks to Dates: Managing Romance at Work

Ius Laboris on

Romantic relationships at work are a tale as old as time and something of an inevitability given the proximity that colleagues share day in, day out. With Valentine’s Day right around the corner, workplace romances are...more

Morgan Lewis

French Employers May Decline Internal Investigations for Misconduct or Noncompliance

Morgan Lewis on

The Défenseur des Droits published on February 5, 2025 a framework decision confirming that employers are not required to conduct an internal investigation unless they receive claims of discrimination or sexual harassment...more

Hogan Lovells

UK Court of Appeal provides guidance on freedom of expression in the workplace

Hogan Lovells on

The decision makes it harder for employers to act against employees who express protected views to which others object. Disciplinary action in that situation could be discrimination because of an employee’s religion or...more

McAfee & Taft

Reservist’s claim that employer was anti‑military goes down in flames

McAfee & Taft on

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their...more

Fox Rothschild LLP

New California Posters Available

Fox Rothschild LLP on

Many of you know that there is no rhyme or reason as to when California decides to update their many required postings. So, dear readers, we wanted to let you know that the Civil Rights Department has updated the California...more

Ward and Smith, P.A.

The DEI Stalemate: Paying the Price for the Wrong Move - Part 2

Ward and Smith, P.A. on

Part 2 of The DEI Stalemate builds on the lessons learned in the first session, focusing on practical strategies for implementing successful DEI initiatives without legal missteps. Attorneys X. Lightfoot, Avery Locklear, and...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Mintz - Employment Viewpoints

New York Employers Must (Again) Provide Reproductive Health Notice of Rights in Employee Handbooks Following Second Circuit Ruling

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New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more

Davis Wright Tremaine LLP

New Year, New Policies: Oregon Employers, Update Your Employee Handbook for 2025

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With the new year upon us, employers should review their employee handbooks and ensure they are compliant with more recent updates to both Oregon and federal law....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Cautions Employers on Deciding Legitimacy of Workers' Religious Beliefs

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During the COVID-19 pandemic, many employers established internal procedures to evaluate employees' requests for religious and medical-based exemptions from vaccination mandates. ...more

K&L Gates LLP

The DOL Publishes Best Practices That Employers Can Follow to Decrease the Legal Risks Associated With Using AI in Employment...

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On 16 October 2024, the Department of Labor (DOL) published a comprehensive guidance regarding the use of artificial intelligence (AI) tools in employment....more

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