News & Analysis as of

Employment Discrimination Anti-Retaliation Provisions

Kohrman Jackson & Krantz LLP

Supreme Court Returns Title VII to Its Roots and Lowers the Standard to Prove Discrimination

Title VII makes it unlawful to discriminate against employees on the basis of their gender, race, national origin, color or religion. Nowhere does it provide an express definition of discrimination or establish a standard a...more

Littler

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

Littler on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

Littler

Littler Lightbulb: February Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Jackson Lewis P.C.

North Carolina Adds Protection Against Discrimination and Retaliation for Employment Absences for Members of the Civil Air Patrol

Jackson Lewis P.C. on

The North Carolina legislature added nondiscrimination and nonretaliation protections for employees who serve in the North Carolina Wing – Civil Air Patrol. Effective December 1, 2023, it is unlawful for any employer to...more

BakerHostetler

Murray v. UBS Securities, LLC - Whistleblower Retaliation Without Need to Prove Retaliatory Intent

BakerHostetler on

On February 8, 2024, the Supreme Court of the United States (SCOTUS) unanimously ruled in Murray v. UBS Securities, LLC that employers can violate whistleblower protection statutes without evidence establishing retaliatory...more

White and Williams LLP

The MCAD’s Fiscal Year 2023 Report: Everything Employers Need to Know

White and Williams LLP on

The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2023 (“FY23”) Annual Report, which highlights the strides the Commission has made over the last fiscal year toward...more

Epstein Becker & Green

New York Further Restricts Agreements Involving Claims of Discrimination, Harassment, or Retaliation

Epstein Becker & Green on

On November 17, 2023, New York Governor Kathy Hochul signed into law Senate Bill 4516 (the “Act”). The Act amends Section 5-336 of the New York General Obligations Law to (1) prohibit employers from including certain...more

Sheppard Mullin Richter & Hampton LLP

New York Amends Its Release Agreement Law for the Third Time

On November 17, 2023, New York Governor Kathy Hochul signed a new law that further limits the terms employers may include in release agreements relating to claims of harassment, discrimination, and retaliation. The law took...more

Foley & Lardner LLP

What’s Next for Labor and Employment Laws in California?

Foley & Lardner LLP on

The 2023 California Legislative session, which ended on September 14, 2023, saw a flurry of activity on labor and employment-related laws. Governor Newsom has until October 14, 2023, to sign, veto, or pocket veto (i.e., take...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Strategic Enforcement Plan

Plan Sets Forth Agency’s Priorities for Fiscal Years 2024 - 2028 - WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) released its Strategic Enforcement Plan (SEP) for Fiscal Years 2024 –2028. The...more

Fisher Phillips

5 Tips to Avoid Workplace Retaliation Claims

Fisher Phillips on

Employers know how important it is to comply with workplace anti-discrimination laws – but equally important is ensuring that employees who complain about perceived discrimination are not retaliated against for doing so, even...more

Fisher Phillips

Chicago Amends Ordinances Providing Greater Employee Protections for Bodily Autonomy and Criminal Histories

Fisher Phillips on

The City of Chicago recently amended two existing ordinances to provide greater protections for employees in the areas of bodily autonomy and criminal conviction histories. Both the Bodily Autonomy for All Ordinance and the...more

Fisher Phillips

Seattle Becomes First City in Nation to Ban Caste Discrimination

Fisher Phillips on

The Seattle City Council voted yesterday to pass a bill that adds “caste” to those classes of people protected from discrimination in various arenas, including employment, housing, and public accommodations. While a small...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

3RD CIR. Clarifies FCA Retaliation Standard, Widens Door For Plaintiffs, Leaves Loose End

On November 30, 2022, the United States Court of Appeals for the Third Circuit revived a quality control manager’s FCA retaliation claim in United States ex rel. Ascolese v. Shoemaker Constr. Co., — F.4th —, 2022 WL 17335121...more

Proskauer - Law and the Workplace

EEOC Releases Updated Workplace Discrimination Poster

On October 19, 2022, the Equal Employment Opportunity Commission released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster that covered employers under federal law are required to prominently display...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Updated "Know Your Rights" Poster

Covered Employers Required by Law to Display Poster at Work Site - WASHINGTON – Today, the U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster, which updates and replaces the previous...more

Pullman & Comley - Labor, Employment and...

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

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

Dechert LLP

Recently Enacted Legislation Shows New York's Continued Focus on Tackling Workplace Harassment and Discrimination

Dechert LLP on

New York State Governor Kathy Hochul on March 16, 2022, signed three new bills into law that address workplace harassment and discrimination. These laws bolster New York State's anti-harassment and anti-discrimination laws by...more

Bowditch & Dewey

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

Fisher Phillips

New York Enacts New Laws to Strengthen Employee Harassment Protections…and There’s More to Come

Fisher Phillips on

New York already has some of the strongest anti-harassment and anti-discrimination laws in the country, due in large part to sweeping amendments to the state’s anti-discrimination laws in 2018 and 2019. Nevertheless, New York...more

Davis Wright Tremaine LLP

NY Governor Expected to Sign Law Expanding Anti-Retaliation Protections for Those Filing Discrimination and Sexual Harassment...

Governor Kathy Hochul is expected to sign into law amendments (S5870 / A7101) to the New York State Human Rights Law (NYSHRL) that would modify the definition of unlawful retaliation to include "disclosing an employee's...more

Jackson Lewis P.C.

California Supreme Court Resolves Confusion Regarding the Burden Shifting Standard for Whistleblower Retaliation Claims

Jackson Lewis P.C. on

Last year the California Supreme Court agreed to take up a question from the 9th Circuit regarding the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. The...more

Smith Gambrell Russell

California Senate Bill 331 – “Silenced No More Act”

Smith Gambrell Russell on

On October 7, 2021, Governor Newsom signed Senate Bill 331, which will become law on January 1, 2022. Dubbed the “Silenced No More Act,” the new law effectively will eliminate an employer’s ability to prevent disclosure of...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Sheppard Mullin Richter & Hampton LLP

DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies

On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures,...more

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