Discrimination, Public Employees

San Francisco Releases Generative AI Guidelines for City Workers

Epstein Becker & Green on 2/21/2024

On December 11, 2023, the City of San Francisco released the San Francisco Generative AI Guidelines (“Guidelines”). The Guidelines set forth parameters for City employees, contractors, consultants, volunteers, and vendors...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Two-Wage and...

Pullman & Comley - Labor, Employment and... on 4/19/2023

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity of approving and advancing bills out of committee. In addition to the bills that we have already summarized, here...more

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on 3/5/2021

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on 9/24/2018

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Another Tidal Wave of New California Laws Will Impact Employers in 2018 and Beyond

Epstein Becker & Green on 12/22/2017

Earlier this month, the American Tort Reform Foundation released the 2017–18 “Judicial Hellholes” list. California came in second, surpassed only by Florida as the nation’s top “Hellhole.” This inauspicious recognition comes,...more

The Supreme Court - June 23, 2017

Dorsey & Whitney LLP on 6/26/2017

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau...more

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Shaw LLP on 11/21/2016

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/19/2016

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

Littler on 8/9/2016

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

NJ Supreme Court Finds For Employees In Two Recent Cases

Seyfarth Shaw LLP on 6/30/2016

Seyfarth Synopsis: In two recent cases, the New Jersey Supreme Court unanimously expanded state law to protect individuals going through a divorce from discrimination, and remanded another case to the trial court with...more

New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/24/2015

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more

Marital Status Discrimination

Zelle LLP on 7/3/2015

During a recent conversation with an experienced business lawyer, it became clear that, despite his representation of companies in several states, he was unfamiliar with the concept of marital status discrimination. That got...more

U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

Foley & Lardner LLP on 4/15/2015

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

Sixth Circuit Finds Faulty Handbook Bars Employer from Challenging Employee’s Eligibility for FMLA Leave

Mintz - Employment, Labor & Benefits... on 2/10/2015

The Sixth Circuit recently held that a Michigan county agency was barred from arguing that its employee was ineligible for leave under the Family and Medical Leave Act (FMLA), because the employee relied on an inaccurate...more

Houston Joins Sexual Orientation and Gender Identity Discrimination Ban

Baker Donelson on 6/13/2014

Houston, Texas now prohibits employers from discriminating on the basis of sexual orientation or gender identity. Houston is the last major city in Texas to pass such an ordinance. The Houston City Council passed Ordinance...more

Houston Passes Controversial Anti-Discrimination Ordinance

Cozen O'Connor on 6/4/2014

Late in the evening on May 28th, the Houston City Council passed a city ordinance that prohibits discrimination against employees on the basis of sexual orientation or trans-gender status. ...more

CFPB Employee Review Disparities Go Beyond Race

Ballard Spahr LLP on 5/21/2014

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

Taking Documents To Support Discrimination Claims Can Be Prosecuted As Theft, Notwithstanding Quinlan, New Jersey Appellate...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/20/2014

In State v. Saavedra, 2013 WL 6763248 (App. Div. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employer’s highly confidential, original documents...more

New Year Means New Laws for Public Employers in California

Best Best & Krieger LLP on 1/15/2014

Like death and taxes, new employment laws are inevitable with each new year. In 2014, public employees are facing a bevy of new laws, including those that address leave, discrimination and retirement benefits and those that...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Ballard Spahr LLP on 1/15/2014

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

Federal District Court (In Its Capacity As An Employer) Must Reimburse Employee for the Cost of Health Benefits for her Same-Sex...

Proskauer - Employee Benefits & Executive... on 12/18/2013

The Ninth Circuit Judicial Council, an administrative body that reviews decisions of the court’s chief judge, recently weighed in on an issue involving same-sex domestic partner health benefits in the post-Windsor world. The...more

Discrimination › Public Employees