Tag Archives: discrimination

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

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

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

Office Romances: 3-Part Series on How to Shield Your Company from Liability Part 3

According to a recent CareerBuilder survey, four in ten people admitted to dating a co-worker, and one-third eventually married that person.  Whether a relationship between peers, relationships between supervisors/subordinates, flings, long-term relationships, or extramarital affairs, office romances can lead to unwelcome complaints and expensive lawsuits. Part 1 of this three-part series addressed the potential risks … 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

Tips to Avoid a HR Nightmare: The Top 4 Mistakes Employers Make – Part II

More than ever, employers are facing serious claims from disgruntled workers.  This two-part series discusses the top four tips for employers to avoid claims from unhappy workers: 1.         Failure to document unsatisfactory job performance.  2.         Failure to terminate bad workers before it is too late.  3.         Failure to enforce the company’s harassment policy.  4.         Failure … Continue Reading

Tips to Avoid a HR Nightmare: The Top 4 Mistakes Employers Make – Part I

Claims from disgruntled workers are on the rise.  In 2012, for example, the EEOC reported that nearly 100,000 total charges had been filed nationwide!  These claims include discrimination charges of race, sex, national origin, religion, color, retaliation, age, disability, and equal pay.  In this two-part series, learn how to head off potential litigation by avoiding … 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
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