News & Analysis as of

Employment Policies Employer Liability Issues Dress Codes

Littler

Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

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In Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998, the Human Rights Tribunal of Ontario (HRTO) dismissed a volunteer’s application alleging discrimination with respect to employment because of sexual orientation,...more

Epstein Becker & Green

#WorkforceWednesday®: Staples Sued Over MA’s Lie Detector Notice, NJ’s Gender-Neutral Dress Code, 2024 Voting Leave Policies -...

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This week, we’re highlighting a few state-level employment issues, including the legal challenges faced by Staples Inc. regarding the Massachusetts lie detector ban; New Jersey’s implementation of a gender-neutral dress code...more

Littler

Hair Style Discrimination Is Now Statutorily Prohibited in Puerto Rico

Littler on

On July 24, 2024, the Governor of Puerto Rico, Hon. Pedro Pierluisi, signed into law Senate Bill 1282, the Law Against Discrimination Based on Hair Styles. This law adopts as public policy the express prohibition of...more

Lathrop GPM

Hair Length Discrimination Banned in Colorado

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Colorado recently amended its CROWN Act of 2020 to include hair length as a protected characteristic for purposes of the state’s nondiscrimination law....more

Manatt, Phelps & Phillips, LLP

NLRB, First Circuit Consider Black Lives Matter Items in the Workplace

Both the National Labor Relations Board (NLRB) and the First U.S. Circuit Court of Appeals weighed in on employees wearing Black Lives Matter items while at work, with the Board siding with the employee and the federal...more

Kohrman Jackson & Krantz LLP

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your March To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Fisher Phillips

Labor Board’s “BLM” Ruling Will Require You To Review Your Dress Code and Other Workplace Policies: Your 5-Step Guide

Fisher Phillips on

The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...more

Bradley Arant Boult Cummings LLP

No (Union) Shirt? No Problem: Fifth Circuit Strips Down NLRB’s Employee Uniform Rules

Can you enforce your uniform policy, even if that means an employee can’t wear a union t-shirt? Earlier this month, in Tesla, Inc. v. NLRB, the Fifth Circuit looked at that very question and ruled for Tesla....more

Fisher Phillips

The Die Hard Survival Guide To This Year’s Office Holiday Party

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While you can debate all you want about whether 1988’s Die Hard is a Christmas movie (it is – don’t fight us on this point), you can’t disagree with the fact that the movie depicts one of the all-time most memorable office...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your October To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Polsinelli

New Texas Law Prohibits Employers from Race-Based Hair Discrimination

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Governor Greg Abbott recently signed House Bill No. 567, also known as the CROWN Act, into law. Following the bill’s enactment on September 1, 2023, Texas law will prohibit race-based hair discrimination in employment,...more

Epstein Becker & Green

Michigan Is the Latest Jewel in the CROWN Act

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Michigan is the latest state to expand its legal definition of race as a protected class to include hairstyle descriptors. As we recently explained, legislation with the acronym for “Creating a Respectful and Open Work for...more

Seyfarth Shaw LLP

Texas Joins Growing Number of States to Ban Natural Hair Discrimination

Seyfarth Shaw LLP on

Seyfarth Synopsis: Natural hairstyles have become increasingly popular among Black Americans of both sexes. Despite their popularity, these hairstyles have been overregulated frequently in the workplace. To address this...more

Bodman

Michigan Prohibits Hair-Based Racial Discrimination

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On June 15, 2023, Michigan Governor Gretchen Whitmer signed Senate Bill 90, which amends the Elliott-Larsen Civil Rights Act (“ELCRA”) to prohibit discrimination based on traits historically associated with race, such as hair...more

Locke Lord LLP

CROWNing Moment: Implications for Employers as CROWN Act Expands

Locke Lord LLP on

Texas has now joined 20 other states and various local jurisdictions that ban discrimination based on hairstyle through the Creating a Respectful and Open Workplace for Natural Hair Act (the “CROWN Act”), which will go into...more

Littler

Natural Hairstyle Discrimination Protections Passed in Kentucky and Beyond

Littler on

On May 12, 2023, Lexington became the fourth city in Kentucky to protect hairstyles under its local anti-discrimination ordinances. The Lexington CROWN Act (Ordinance No. 49-2023), an acronym for "Creating a Respectful and...more

Jackson Walker

As the CROWN Act Gains Momentum in Texas, Employers Should Prepare

Jackson Walker on

On April 13, 2023, the Texas House of Representatives passed House Bill 567, known as the Texas CROWN Act, that would prohibit race-based discrimination in schools, workplaces, and housing. The Texas legislation is a state...more

Littler

Minnesota Enacts the CROWN Act Prohibiting Discrimination Based on Natural Hair

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Minnesota has now joined at least 19 other states in enacting a CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.”  The Act, which in Minnesota has come in the form of brief but important...more

Troutman Pepper

Chapter Two: Federal District Court Again Finds Employer Did Not Violate Title VII in Prohibiting Black Lives Matter Attire

Troutman Pepper on

Q. Have there been any updates since the federal court previously determined that the employer did not violate Title VII in prohibiting employees from wearing Black Lives Matter and other social justice attire to work?...more

Winthrop & Weinstine, P.A.

Minnesota Legislature Passes CROWN Act, Banning Hair-Based Race Discrimination

The Minnesota legislature recently passed a bill that will prohibit discrimination against a person based on hair texture and hair styles that are associated with race. Approximately 20 states have passed similar measures,...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Venable LLP

NLRB Rules That Workplace Policies Restricting Wearing of Union Insignia Are Unlawful Absent "Special Circumstances"

Venable LLP on

​​​​​​​In a recent 3-2 decision titled Tesla, Inc., the National Labor Relations Board (NLRB) ruled that workplace policies restricting the wearing of union insignia or apparel are presumptively unlawful, even if those...more

McNees Wallace & Nurick LLC

Tesla Violates Federal Labor Law with “Work Shirts” Rule

The National Labor Relations Board has held that Telsa must allow employees to wear shirts with a union insignia while on the job.  The decision is certainly a learning opportunity for employers and a strong signal of the...more

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