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California End-of-Year Employment Law Wrap Up

It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers with California employees. Each of these are effective January 1, 2023 unless otherwise stated herein. […]

Pregnancy Likely to Be Added to Short List of Required Employment Accommodation

Most federal and state employment discrimination laws prohibit any kind of adverse personnel action based upon any of the enumerated protected categories, e.g., race, sex, national origin, age, etc.  Currently, only two federal discrimination laws go further and, not only prohibit discrimination, but also require covered employers to take affirmative steps to provide workers with […]

BH
Of Counsel

Federal Equal Employment Opportunity Law – Recent Developments

2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue to shape the employment landscape. Here are summaries of nine of these key cases, along with […]

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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 status. Specifically, courts have not consistently interpreted Title VII’s prohibition on discrimination “because of . […]

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RB
Former Associate

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 Leave Act (FMLA). The second, HB2335, is part of a larger bill that also deals […]

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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 Jersey have since joined California to prohibit hair discrimination, with New York City and Montgomery […]

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RB
Former Associate

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.

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 the fundamental principles of the federal anti-discrimination statutes, including the right to pursue discrimination claims […]

BH
Of Counsel

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 5558090 (7th Cir. Oct. 29, 2019). The unanimous three-Judge panel ruled in favor of employer, BNSF […]

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SP
Former Associate

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 “[p]atrons and co-workers of the Museum grope its employees, use utterly inappropriate sexual language, and […]

SP
Former Associate