Supreme Court Confirms LGBTQ Employees Are Protected Under Title VII

Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender … Continue reading

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Mandatory Bereavement Leave and Gender Expression/Sexual Orientation Protection Bills Working Their Way Through Arizona’s Legislature

Two important employment-related bills have been introduced in the House of Representatives of Arizona’s legislature. The first, HB2116, would make bereavement leave for the death of a child mandatory for any employers that are already subject to the Family and Medical … Continue reading

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New CROWN Laws: Natural Hair and Protective Hairstyles in the Workplace

With the start of the new year, California’s new law prohibiting hair discrimination has taken effect. Although California was the first state to prohibit discrimination on the basis of hair, similar legislation is appearing across the United States. New York and New … Continue reading

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New Mexico Employment Law 2019 Review

It’s been a busy year for the New Mexico legislature – especially in the employment space. Check out Benjamin Nucci and Walker Crowson’s Legal Alert here taking a look at six employment bills impacting New Mexico employers.

Posted in Discrimination, Handbook, Minimum Wage, New Mexico, Pay, Sick Leave, Transgender | Tagged , , , , , , , , , ,

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EEOC Changes Policy on Mandatory Arbitration

This past week, the EEOC withdrew its 1997 policy statement regarding mandatory binding arbitration agreements. In that policy statement, the EEOC took the position that the use of mandatory binding arbitration agreements as a condition of employment were contrary to … Continue reading

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No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL … Continue reading

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The Customer is Not Always Right: Sex Museums and Harassment

New York City’s Museum of Sex (“the Museum”) is facing a lawsuit from a former employee who alleges that the Museum failed to protect her from sexual harassment by her co-workers and the Museum’s patrons.  The plaintiff’s complaint alleges that … Continue reading

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Paid Parental Leave for Employees? Make Sure This Benefit is Truly Gender Neutral

A recent settlement between the American Civil Liberties Union (“ACLU”) and a national employer highlights the importance of ensuring that paid parental leave benefits provided by employers are not just written in a gender neutral policy, but also administered on … Continue reading

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Supreme Court to Consider Whether Title VII Covers LGBT Bias

On Monday, April 22nd, the U.S. Supreme Court said that it will hear three cases that turn on whether existing civil rights bans on discrimination in the workplace under Title VII of the Civil Rights Act of 1964 include discrimination … Continue reading

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UPDATE: Does Your Employee Handbook Have a Lactation Accommodation Policy? (And Are You Abiding By It?)

Recently, a federal jury awarded a City of Tucson Fire Department paramedic $3.8 million after it found that the department violated the Fair Labor Standards Act (“FLSA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) when … Continue reading

Posted in Discrimination, DOL, FLSA, FMLA, Handbook | Tagged , , , , ,

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