News & Analysis as of

Discrimination Employee Rights Civil Rights Act

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

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

Keating Muething & Klekamp PLL

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

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

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

Parker Poe Adams & Bernstein LLP

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

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

Saul Ewing LLP

California Implements New Intersectionality and Captive Audience Meeting Laws

Saul Ewing LLP on

California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

McGlinchey Stafford

Federal Discrimination Statutes and the Cannabis Industry: An Illegal Industry Still Subject to Federal Laws

McGlinchey Stafford on

On its face it appears to be counterintuitive: United States federal courts recognizing and enforcing workplace rights for employees working in an illegal industry. After all, we would not expect a judge to lend a sympathetic...more

McNees Wallace & Nurick LLC

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

Epstein Becker & Green

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

Epstein Becker & Green on

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Finds Restriction of Job Responsibilities May Constitute Adverse Employment Action Under Title VII

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise discriminate against such individual “with respect to his [or her] compensation, terms,...more

Ballard Spahr LLP

Governor Christie Bolsters N.J.’s Law Against Discrimination To Expressly Protect Pregnancy and Childbirth

Ballard Spahr LLP on

Last week, New Jersey Governor Chris Christie signed legislation amending the state’s powerful Law Against Discrimination (LAD) to provide increased protection for employees based on pregnancy, childbirth, or related medical...more

Littler

Annual Report on EEOC Developments - Fiscal Year 2013

Littler on

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview...more

Proskauer Rose LLP

Top New Jersey Legal Developments - January 2014

Proskauer Rose LLP on

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

Orrick - Employment Law and Litigation

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

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