Category Archives: Discrimination

Subscribe to Discrimination RSS Feed

New York City to Prohibit Employer Inquiries into Salary History

On May 4, 2017, New York City amended its Human Rights Law (NYCHRL) to join the growing number of municipalities that prohibit employers from inquiring about applicants’ wage history. Ostensibly designed to “help break the cycle of gender pay inequity[,]” this new restriction may open employers to yet another theory the plaintiffs’ bar can seek … Continue Reading

11th Circuit Upholds Longstanding Precedent: Sexual Orientation Claims Are Not Cognizable Under Title VII

On March 10, 2017, in Evans v. Ga. Reg’l Hosp., No. 15-15234, 2017 U.S. App. LEXIS 4301 (11th Cir. Mar. 10, 2017), the 11th Circuit Court of Appeals in a majority split affirmed a district court’s dismissal of a former employee’s suit against her employer, which alleged discrimination in violation of Title VII on the … Continue Reading

The Equality Act (Gender Pay Gap Information) Regulations 2017

Background The final draft of the Equality Act (Gender Pay Gap Information) Regulations 2017 (the Regulations) and accompanying Explanatory Memorandum was published 6 December 2016. Subject to parliamentary approval, the Regulations will come into force 6 April 2017. The Regulations introduce a mandatory gender pay gap reporting requirement for non-public sector employers with at least … Continue Reading

Massachusetts Enacts Comprehensive Pay Equity Law

On Aug. 1, 2016, Massachusetts Governor Baker signed into law the “Act to Establish Pay Equity.” The new law is intended to address the gender wage gap by strengthening the pay disparity prohibitions under existing law. The Pay Equity Act also provides employers the opportunity to assert an affirmative defense to wage claims based on … Continue Reading

Department of Labor Issues Final Rule Revising Sex Discrimination Guidelines for Federal Contractors

On June 14, the U.S. Department of Labor (DOL) issued the final rule updating the Office of Federal Contractor Compliance Program’s regulations prohibiting discrimination on the basis of sex. The updated regulations prohibit federal contractors with contracts or subcontracts totaling $10,000 or more within a 12-month period (absent other exemptions) from discriminating against employees with … Continue Reading

2015 California Employment Law Legislative Update

At Greenberg Traurig, we live our motto “built for change” and apply it for the benefit of the businesses we serve. Our California Labor and Employment Practice appreciates that although California presents opportunity, it also presents an often unique set of employment risk propositions, and these risks are often just one set among a constellation … Continue Reading

Amendment to Florida Civil Rights Act Codifies and Extends Florida Supreme Court’s 2014 Prohibiting Pregnancy Discrimination

Effective July 1, 2015, the Florida Civil Rights Act (FCRA) will include an amendment expressly prohibiting pregnancy-based discrimination in employment practices and places of public accommodation. See Ch. 2015-68, §§ 1-8, Laws of Fla. The bill codifies and extends the Florida Supreme Court’s 2014 ruling, Delva v. Continental Group, Inc., in which the Court held … Continue Reading

Obesity: Grounds for Unlawful Discrimination in Europe?

Written by Dorothé Smits and Johan Nijmeijer. According to Eurostat, during the last decade, the population that is overweight in the European Union (EU) Member States has increased significantly, which has resulted in more than half of the EU population being overweight or obese. Last year the European Court of Justice (ECJ) was asked in … Continue Reading

GT Alert — New Pregnancy Laws Deliver Additional Protections for Women

New Jersey lawmakers recently amended the New Jersey Law Against Discrimination (NJLAD) to provide additional protections for women in the workplace. Employers are now required to provide reasonable accommodations to allow women who are pregnant, have given birth, or are suffering related medical complications to continue working. This Alert discusses the amendment and what it … Continue Reading

New York City Extends Human Rights Law to Pregnant Women with ‘Pregnant Workers Fairness Act’

With Zachary N. Klein and Michael J. Slocum. The Pregnant Workers Fairness Act, scheduled to go into effect on January 29, 2014, requires employers in New York City to provide their pregnant employees with “reasonable accommodations” for their pregnancies or related medical conditions. Employers in the City of New York should prepare by considering pregnancy‐related conditions … Continue Reading

The Risky Business of Litigating Retaliation Claims

Atlanta attorneys David Long-Daniels and Peter Hall recently co-authored an article for the American Bar Association’s Journal of Labor & Employment entitled “Risky Business: Litigating Retaliation Claims”. The article analyzes the recent increase in retaliation claims, the impact on employers and a forecast for future trends. To read the full article, please click here.… Continue Reading

A New Beginning for ENDA? The Return of the Employment Non-Discrimination Act

On April 25th, federal lawmakers reintroduced the latest version of the Employment Non-Discrimination Act (“ENDA”) in both the House and Senate.  If passed, ENDA would prohibit covered employers from discriminating against employees and applicants on the basis of their sexual orientation or gender identity. ENDA is certainly not new legislation.  ENDA, in one form or … Continue Reading

New Jersey Federal Court Cautions Employers When Responding to Even Routine Demand Letters

Though it has long been a common practice for in-house counsel to respond to routine (and not so routine) demand letters, a recent New Jersey District Court decision should cause in-house counsel serious concern when doing so in the future. In Bourhill v. Sprint Nextel Corp., the Court allowed into evidence a portion of a letter written by an in-house attorney, prior to the action’s commencement, explaining why counsel’s position was factually meritless, but offering to entertain counsel’s invitation to resolve the matter so as to avoid litigation (the Court opinion is attached for your convenience). And this decision affects in-house counsel’s exchanges not only in the employment context, but also extends to all litigation.… Continue Reading

Good News From the California Supreme Court on Mixed Motive Discrimination Cases…at Least for Now

It is an age old litigation problem.  The employee engaged in conduct the employer found sufficient for termination.  The employee claims that was not the real reason and points to alleged discriminatory acts. How does one decide the issue?  As importantly, from an HR perspective, how does the employer assess risk as no workplace is … Continue Reading

Can Volunteers Sue For Discrimination?

 In certain organizations, particularly non-profit organizations, volunteers perform services for the organization. In a recent case in the Northern District of Illinois (Volling v. Antioch Rescue Squad, 1:11-cv-04920 (N.D.Ill. Dec. 4, 2012)), the court was faced with the question of whether members of a volunteer rescue squad could sue the relevant service organizations for sexual … Continue Reading

After Nearly 25 Years, New Jersey Appellate Court Provides ‘Sobering’ Guidance to Employers Respecting Workplace Alcoholism

On October 26, New Jersey’s Appellate Division held in A.D.P. v. ExxonMobil Research & Engineering Co. that a private-sector, non-union employer’s blanket policy requiring any employee returning from an alcohol rehabilitation program to submit to random alcohol testing, applicable only to those identified as being “alcoholic” and divorced from any individualized assessment of the employee’s performance, was facially discriminatory under the Law Against Discrimination (LAD) — a conclusion that would likely be the same under the federal Americans with Disabilities Act (ADA). … Continue Reading

New Jersey Enacts New Pay Equality Poster and Notice Law

New Jersey Governor Chris Christie recently signed into law Assembly Bill No. 2647. This bill requires New Jersey employers with 50 or more employees (total number employed – not just in New Jersey) to post a notice informing employees of their "right to be free from gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment" under New Jersey’s Law Against Discrimination (NJLAD) and other state antidiscrimination statutes. … Continue Reading

Accommodation

The Seventh Circuit recently examined whether an employee could assert disability discrimination based on a failure to accommodate where a non-disabled employee requested an accommodation to care for her disabled child.  Magnus v. St. Mark United Methodist Church, No. 11-3767 (7th Cir. August 8, 2012).  In the case, the employee sought an accommodation to take … Continue Reading

Employers Can be Held Liable for Failing to Protect Employees From Sexual Harassment Based on Sexual Orientation

In a unanimous decision due to be published on May 15, the Connecticut Supreme Court has ruled that employers can be held liable for failing to protect employees from harassment based upon sexual orientation.  In Patino v. Birken Manufacturing Company, a former employee of the jet engine component maker Birken Manufacturing, Co. accused the company of … Continue Reading

EEOC Says That Criminal Screens Must Be Job-Related

Yesterday, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued ”Updated Enforcement Guidance,” reminding employers that screen applicants’ criminal backgrounds that they must prove that any use of information acquired through such screens is job-related to avoid potential discrimination suits.   The Enforcement Guidance states that an employer accused of violating Title VII will have to carry the burden of proving … Continue Reading

California Enacts Two Trans Rights Bills

Last week, California Governor Jerry Brown signed into law the Gender Non-Discrimination Act (AB 887), which changes the language of the state anti-discrimination law to specifically include gender, gender identity and gender expression as enumerated protected categories. The governor also signed into law the Vital Statistics Modernization Act (AB 433), which streamlines the process by which transgender individuals may correct the gender marker on their birth certificates.… Continue Reading

Seventh Circuit Allows Supervisor to be Comparator of Plaintiff in Discriminatory Discharge Case

In Rodgers v. White (No. 10-3916), decided on September 2nd, the Seventh Circuit reached the unusual result of allowing a plaintiff to use his supervisor as a comparator in a comparative discipline case alleging race discrimination. The result is important because the Seventh Circuit had previously indicated in several cases that supervisors are typically poor … Continue Reading
LexBlog