Discrimination

Landmark Supreme Court Ruling Guarantees LGBTQ+ Workplace Protections

On June 15, and just in time for LGBTQ+ Pride month, the U.S. Supreme Court issued a landmark decision holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual orientation and gender identity. The decision is among the most Court’s most significant federal non-discrimination rulings in the last several decades, and immediately resolves a circuit split regarding the scope of Title VII’s prohibition on sex-based discrimination. The decision covers three consolidated opinions – Bostock v. Clayton Cnty. Bd. of Comm’rs, Altitude Express, Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission. READ MORE

EEOC Updates its Guidance on Important COVID-19 Return to Work Issues

On June 11, the U.S. Equal Employment Opportunity Commission (“EEOC”) again updated its compendium FAQs on COVID-19 and the workplace. The latest revisions provide additional guidance on non-discrimination obligations under various federal non-discrimination laws as employees return to work. We previously blogged about the agency’s FAQ guidance here. READ MORE

Six Degrees of Separation: Temperature Testing as Employees Return to Work

As states begin to reopen and employees return to the workplace, employers are faced with trying to protect workers and prevent the spread of COVID-19 in the workplace. Many employers are looking to temperature testing as a potential safeguard. Like many emerging safety measures, though, there are several considerations to weigh before implementing temperature testing: READ MORE

EEOC Expands Guidance Regarding COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently updated their guidance relating to the COVID-19 pandemic on Thursday, addressing several additional FAQ in response to inquiries from the public. In the updated guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” the EEOC expands on its previous publication issued in March and based on guidance it issued in response to the H1N1 outbreak in March 2009. READ MORE

New York COVID-19 Developments: NYS DOL Encourages Workers to File a Complaint Online

The New York State Department of Labor (“NYS DOL”) has launched a new webpage dedicated to alerting workers regarding COVID-19 related employment protections and allowing  them to submit  a complaint online by simply clicking the “File a Complaint” link. The new webpage encourages workers to file a complaint with the NYS DOL if their employers violate any provisions of the state’s new law providing sick leave, paid family leave and disability benefits to employees impacted by mandatory or precautionary orders of quarantine or isolation due to COVID-19, including any violations of Governor Cuomo’s recent Executive Order mandating all non-essential workers to stay home. These violations include being forced to perform work at an employer’s worksite if the employer is a non-essential business or being threatened if an employee does not work at a place other than the employee’s home. It should be noted that the NYS DOL appears to be creating the right to file a complaint on a number of issues that are not explicitly addressed within the legislation or guidance regarding the legislation and it remains to be seen whether the NYS DOL has authority to pursue alleged violations of the legislation for the reasons described below. READ MORE

Six Bay Area Counties Issue Revised Shelter-In-Place Orders Requiring Essential Businesses to Develop and Post Social Distancing Protocols

On March 31, 2020, the six Bay Area counties that previously issued the nation’s first Covid-19 shelter-in-place orders, amended and extended their prior orders to include stricter controls aimed to slow the spread of COVID-19. The new orders, which are now in effect in Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara counties (as well as the City of Berkeley) have a new end date of May 3, 2020 – a change from the prior end date of April 7, 2020. They also revise and narrow the scope of businesses deemed essential, and expressly require any employer with employees who are working on-site to develop a “Social Distancing Protocol” that must be posted in the form required by the orders. The new orders also acknowledge Governor Newsom’s statewide March 19, 2020 Executive Order N-33-20, but explain they are, “in certain respects more stringent” than the statewide order in order to address “the particular facts and circumstances” in the county and in the Bay Area. Accordingly, they explicitly state, “Where a conflict exists between this Order and any state public health order related to the COVID-19 pandemic, the most restrictive provision controls.” READ MORE

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of UK, France, Germany, Italy, and Japan. Stay tuned for updates as new developments occur.
READ MORE

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of UK, France, Germany, Italy, and Japan. Stay tuned for updates as new developments occur.
READ MORE

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of UK, France, Germany, Italy, and Japan. Stay tuned for updates as new developments occur.

READ MORE

Philadelphia Wage History Ordinance Green-Lighted

On February 6, 2020 the U.S. Court of Appeals for the Third Circuit upheld a Philadelphia pay equity ordinance banning employers from inquiring into prospective employees’ prior pay or relying on prior pay in making compensation decisions unless candidates knowingly and willingly disclose the information. In upholding the ordinance, the Third Circuit vacated a lower court decision that enjoined enforcement of the inquiry provision on the grounds that it violated employers’ First Amendment free speech rights. While the Third Circuit acknowledged that the ordinance implicated First Amendment rights, the court found that there was “a plethora of evidence” provided by the city to meet its burden of clearing intermediate scrutiny for commercial speech. Consequently, it was reasonable for the city to conclude that the inquiry provision would address gender and race-based wage gaps based on experiments, witness testimony, and historical research concluding as much. READ MORE