Searching Content indexed under Discrimination, Disability & Sexual Harassment by Proskauer's Labor & Employment Practice Group ordered by Published Date Descending.
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New York City Council And Bloomberg Administration Clash Over Proposal To Prohibit Employment Discrimination Based On Credit History
On May 15, 2012, the New York City Council proposed Int. #0857-2012 (the Proposal), which would amend the New York City Human Rights Law (NYCHRL) to prohibit discrimination against job applicants and employees based on their credit history, and provide expansive whistleblower/retaliation protections to employees.
United States
21 Apr 2013
Law Prohibiting Discrimination Based On Unemployment Status Signed By DC Mayor: Employers Beware - Similar Laws Likely To Follow
On March 19, 2012, the Mayor of the District of Columbia signed the Unemployed Anti-Discrimination Act of 2012 (the "Act"), which prohibits employers and employment agencies from discriminating against job applicants based on their unemployment status.
United States
5 Apr 2012
Single Mother Cannot Pursue LAD Claim Based On Familial Status Against Her Employer
The United States Court of Appeals for the Third Circuit recently affirmed that New Jersey's Law Against Discrimination ("LAD") does not prohibit employers from discriminating on the basis of familial status.
United States
14 Dec 2011
The American Jobs Act Proposes To Prohibit Discrimination Based On Unemployment Status
On September 12, 2011, President Barack Obama delivered the American Jobs Act of 2011 ("AJA") to the U.S. Congress in the hope of stimulating economic growth and alleviating unemployment.
United States
20 Sep 2011
The Fourth Circuit Slows Recent Momentum Favoring Increased Protections For Prospective Employees
At both the federal and state level, legislatures and courts continue to grapple with issues centered on the nation's financial woes.
United States
24 Aug 2011
Following The Lead Of The U.S. House Of Representatives, The U.S. Senate Proposes To Prohibit Discrimination Based On Unemployment Status
On August 2, 2011, the U.S. Senate proposed S. 1471 to complement the recently proposed bill in the U.S. House of Representatives, H.R. 2501 (collectively, "the proposed Acts").
United States
16 Aug 2011
Continuing A Trend With Roots In New Jersey, The U.S. House Of Representatives Proposes To Prohibit Discrimination Based On Unemployment Status
On June 1, 2011, New Jersey became the first state to prohibit employers from discriminating against the unemployed in print and Internet job advertisements.
United States
2 Aug 2011
New Jersey Supreme Court Leaves Employers with Little Protection against Employees Who Steal Confidential Company Documents To Support Discrimination Claims
The Supreme Court of New Jersey issued a 5-2 decision yesterday that may very well insulate employees from discipline for wrongfully taking confidential company documents to support discrimination claims against their current employers.
United States
14 Dec 2010
International HR Best Practices Tip of the Month - November 2010
With a few narrow exceptions, the Age Discrimination in Employment Act outlawed mandatory retirement for American employees many years ago. Elsewhere, however, the rules are not so clear.
United States
6 Dec 2010
New Jersey Supreme Court Holds that Employers are Liable for Discriminatory Wages, Even When the Pay Decision Was Made Outside the Statute of Limitations
On November 23, 2010, the New Jersey Supreme Court held that each payment of discriminatory wages is a separate and actionable wrong that restarts the running of the two-year statute of limitations under the LAD.
United States
1 Dec 2010
Guidance on CORI Reform in Massachusetts
The Massachusetts Commission Against Discrimination ("MCAD") has issued guidance on "An Act Reforming the Administrative Procedures Relative to Criminal Offender Record Information and Pre- and Post-Trial Supervised Release" (the "Act"), signed into law on August 6, 2010 by Massachusetts Governor Deval Patrick.
United States
29 Nov 2010
International HR Best Practices Tip of the Month (October 2010)
Earlier this year, the New York State Senate passed a bill to outlaw "abusive work environments" in New York by creating a civil cause of action against employers who fail to prevent "abusive conduct" against their employees.
United States
19 Oct 2010
U.S. Supreme Court Unanimous in Verdict Against Chicago
In a unanimous decision authored by Justice Antonin Scalia, the U.S. Supreme Court issued a blow to the city of Chicago in a case involving the timeliness of a disparate impact claim brought by minority applicants who challenged the City's use of a hiring list generated from an entrance exam for firefighters.
United States
26 May 2010
Massachusetts Supreme Judicial Court Requires Employers To Meet Higher Standard Regarding The Arbitration Of Statutory Discrimination Claims
In an important ruling that raises the bar on the level of detail required in arbitration clauses, the Massachusetts Supreme Judicial Court held on July 27, 2009 that employers wishing to arbitrate statutory discrimination claims must include clear and specific language within the employment contract that such claims are covered by the contract’s arbitration clause.
United States
8 Sep 2009
U.S. Supreme Court Holds Plaintiffs In Age Discrimination Suits To Higher Standard
In an important ruling that increases the burden on plaintiffs in cases under the federal Age Discrimination in Employment Act (ADEA), the United States Supreme Court held on June 18, 2009 that plaintiffs in age discrimination cases always bear the burden of proving that an adverse employment action would not have been taken against them “but for” their age.
United States
30 Jun 2009
Tip Of The Month: Best Practices For Compensation Audits
Recent changes in the legal and economic landscape have significantly heightened the risk that employers’ compensation systems will come under attack.
United States
20 Apr 2009
Supreme Court Endorses Union- Negotiated Arbitration Of Discrimination Claims
On April 1, 2009, the United States Supreme Court, in a 5-4 decision, ruled in favor of Proskauer Rose’s client 14 Penn Plaza LLC, holding that a collective bargaining agreement (“CBA”) that clearly and unmistakably requires union members to arbitrate Age Discrimination in Employment Act (“ADEA”) claims is enforceable as a matter of federal law.
United States
7 Apr 2009
Tip Of The Month: Federal Contractors’ Obligations To Individuals With Disabilities
Federal law requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative steps to hire, retain, and promote qualified individuals with disabilities.
United States
18 Mar 2009
European Union Adopts Legislation Mandating Equal Treatment For Temporary Agency Workers
At any time, there are approximately 3 million temporary agency workers in the member states of the European Union, about a third of them in the UK.
10 Nov 2008
EEOC Addresses Workplace Performance And Conduct Standards Under The ADA
The Equal Employment Opportunity Commission (“EEOC”) recently published helpful informal guidance that addresses the application of the Americans with Disabilities Act (“ADA”) to enforcement of workplace performance and conduct standards (the “Guide”).
United States
29 Oct 2008
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