Category Archives: Discrimination

California: A Request for Accommodation Alone Will Be Considered a “Protected Activity” for Purposes of Retaliation or Discrimination Under FEHA

In the summer of 2015, California Governor Jerry Brown signed Assembly Bill No. 987, which, as of January 1, 2016, amended California’s Fair Employment and Housing Act (Government Code section 12940 et seq.) (“FEHA”) to prohibit an employer from retaliating … Continue reading

Posted in California, Discrimination, Fair Employment and Housing Act, FEHA, Reasonable Accommodation, Retaliation | Leave a comment

Navigating the Holiday Season Minefield with Your Workforce: 6 Essential Tips for Employers

As your company enters the holiday season, it’s important for human resource team members, general counsel and the corporate management to be aware of essential issues that should be addressed proactively to ensure a positive holiday period. The last thing … Continue reading

Posted in Defamation, Discrimination, Employee Policies & Procedures, Gender Discrimination, Holiday Season, HR, Religious Discrimination, Religious Observances, Risk Management, Wage and Hour | Leave a comment

When Providing 12 Weeks of Leave Is Not Enough: Trucking Company Pays $300,000 To Settle EEOC Suit

According to a September 2015 press release issued by the U.S. Equal Employment Opportunity Commission (EEOC), CTI, Inc., a regional trucking company based in Tucson, Arizona, will pay $300,000 and furnish other relief to settle a disability discrimination lawsuit filed … Continue reading

Posted in ADA, Arizona, Discrimination, EEOC, Employee Policies & Procedures, Family Leave, FMLA, Reasonable Accommodation | Leave a comment

White House Uses Executive Order to Ban the Box for Federal Employment; Opens the Door to Wide-Ranging Impact on Employers

Continuing its longstanding strategy of using Executive Orders to implement new policies and pave the way for future legislation, the Obama administration announced in early November that the federal government would be required to follow a ‘Ban the Box’ protocol … Continue reading

Posted in Background Check, Ban the Box, Civil Rights Act, Criminal History, Discrimination, EEOC, Employee Policies & Procedures, Executive Orders, Federal Government, Government Contractors, OFCCP, Pre-Employment, Title VII | Leave a comment

Government Contractors Face a Continuing Wave of Executive Orders on Labor & Employment

Recognizing the impact of the federal government’s contractor workforce as a standard-bearer for labor practices, the Obama administration has continued to issue executive orders that seek to strengthen the protections afforded to personnel within the federal contracting environment.

Posted in Compensation, Discrimination, EEOC, Employee Policies & Procedures, Executive Orders, Family Leave, FMLA, Government Contractors, Hiring, HR, Medical Leave, Minimum Wage, Overtime | Leave a comment

Court Rulings Reiterate that Employers Should Review and Revise Best Practices for Drug-Free Workplace Programs

Employers have many reasons for requiring employees to submit to drug and/or alcohol testing, both as a part of pre-employment screenings, and as a condition for continued employment in the workplace.

Posted in Discrimination, Drug-Free Workplace, Texas, Uncategorized | Leave a comment

Latest FLSA and EEOC Changes Drive Dramatic Shifts in Overtime, Classification and Discrimination

The summer of 2015 continues to be a busy time for federal agencies with responsibility for regulating employment matters. The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) issued new interpretations of key employment principles that are … Continue reading

Posted in Discrimination, DOL, EEOC, Employee Classification, Employee Policies & Procedures, FLSA/Overtime, Independent Contractors, Overtime | Leave a comment

Co-worker Safety Trumps Employee’s Right to Disability Accommodation After Making Death Threats

Employers’ hands are often bound when balancing workplace morale with their duty to accommodate employees with mental or behavioral health issues. However, the U.S. Court of Appeals for the Ninth Circuit recently clarified the limit of the employer’s duties in … Continue reading

Posted in ADA, Disabilities, Discrimination, FMLA, Workplace Safety | Leave a comment

An Employer’s Effective Accommodation Under The ADA Need Not Be An Employee’s First Choice

The Second Circuit recently affirmed the Southern District of New York’s grant of summary judgment to technology giant IBM, finding that the provision of real-time, on-call American Sign Language interpreters and/or written transcripts to a deaf software engineer was an … Continue reading

Posted in ADA, Disabilities, Discrimination, Reasonable Accommodation | Tagged , | Leave a comment

Updated EEOC Guidance Tightens Pregnancy Discrimination Guidelines in Response to Young vs. UPS Decision

On June 25, 2015, the Equal Employment Opportunity Commission (EEOC) issued an update of its Enforcement Guidance on Pregnancy Discrimination and Related Issues (Guidance), along with a Q & A document and a fact sheet for small businesses.

Posted in Discrimination, EEOC, Pregnancy Discrimination Act, Reasonable Accommodation, SCOTUS, U.S. Supreme Court | Tagged , , , | Leave a comment

Supreme Court Decision on Pregnancy Discrimination Act Expands Employer Responsibilities

In March 2015, the U.S. Supreme Court overturned a lower court’s decision and re-instated a pregnancy discrimination lawsuit brought against United Parcel Service (UPS). The case concerned a UPS employee who, upon becoming pregnant, was advised by her physician to … Continue reading

Posted in Discrimination, HR, Pregnancy Discrimination Act, Privacy, Reasonable Accommodation, SCOTUS, U.S. Supreme Court | Tagged , , | 1 Comment

Expanding Legalization of Marijuana Creates New Challenges for Government Contractors

As of spring 2015, 23 states and the District of Columbia have legalized adult use of marijuana for medical purposes. In addition, D.C. and four states – Colorado, Washington, Alaska and Oregon – have legalized recreational use of marijuana as … Continue reading

Posted in Discrimination, Drug-Free Workplace, Government Contractors | Tagged , , , | Leave a comment

EEOC Resolves Disability Cases On Behalf Of Temporary Employees

According to a press release issued December 19, 2014, the EEOC resolved a disability discrimination suit involving a temporary employee working for Bank of America in Chicago.  The EEOC alleged that the bank failed to accommodate the temporary employee’s visual impairment … Continue reading

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If You’re Going To Negotiate Hiring Salaries, Do It Right

In Thibodeaux-Woody v. Houston Cmty. Coll., the Fifth Circuit denied a motion for summary judgment for an employer who had allegedly treated male and female candidates for a position differently during wage negotiations.  The Court found that there was a … Continue reading

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Fitness for Duty Release Did Not Undermine Legitimate Reasons for Termination

On December 2, 2014, in Curley v. City of North Las Vegas (9th Cir. 2014), 2014 WL 6765744, —-F.3d—-, the Ninth Circuit Court of Appeals held that a doctor’s finding that an employee did not pose a safety threat did … Continue reading

Posted in Discrimination | Tagged , | 1 Comment