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Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution

If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically excludes “transsexualism” and “gender identity disorders not resulting from physical impairments” as within the meaning […]

AZ: Prohibit Confidentiality Agreements in Sex Assault/Harassment Cases

The Arizona House of Representatives is considering House Bill 2020 that seeks to prohibit confidentiality agreements in cases of alleged sexual assault or sexual harassment. See here. Proposed by Rep. Maria Syms (R-Paradise Valley), HB 2020 casts any confidentiality agreement that “restricts the disclosure of factual information that is related to a sexual assault or […]