Employment Discrimination Report

https://employmentdiscrimination.foxrothschild.com/

The Employment Discrimination Report blog covers all aspects of employment discrimination and harassment, including new court decisions and legislation, compliance, best practices, interesting trends in workplace relations and employment-related issues affecting employers.

Recent Blog Posts

  • Virginia: the Next State to Protect LGBTQ Employees from Discrimination? If you’re a regular reader of our blog, you probably know that the question of whether federal law prohibits employment discrimination against employees on the basis of their sexual orientation or gender identity remains open, which the Supreme Court may (or may not) resolve this year. While the EEOC  continues to move forward in processing charges that allege discrimination on these bases, the current limbo in federal law has opened the door for state action. Some states, like Pennsylvania and Michigan,... More
  • New Jersey Bans Natural Hair Discrimination In December, 2019, New Jersey enacted the Create a Respectful and Open Workspace for Natural Hair Act, or the CROWN Act. The CROWN act amends the New Jersey Law Against Discrimination (LAD) to state that “race,” as defined by the LAD, includes “traits historically associated with race, including, but not limited to, hair texture, hair type, and protective hairstyles.” The CROWN Act defines “protective hairstyles,” in turn, as including but not being limited to braids, locks, and twists. In other words,... More
  • EEOC Releases 2019 Enforcement Data: Retaliation Charges Lead the Way The US Equal Employment Opportunity Commission has released its annual enforcement and litigation statistics for fiscal year 2019.  For fiscal year 2019, retaliation,  disability discrimination, race discrimination, and sex discrimination charges continue to constitute the most frequently filed types of charges. One key takeaway:  the EEOC received 39,110 charges alleging retaliation, which represented 53.8% of all filed charges. This reality is critical for employers to note in setting workplace standards and investigating workplace complaints, as charges of discrimination or harassment frequently... More
  • NY Outlaws Discrimination Based on Employee Reproductive Health Decisions With a lack of legislative action in Congress on employment discrimination issues, state and local governments continue to expand employee protections. A newly enacted (and immediately effective) law in the State of New York prohibits employers from discriminating or retaliating against an employee on the basis of an employee’s reproductive health decision making (or that of an employee’s dependent). The new law does not comprehensively define “reproductive health decision making” but states that it includes, but is not limited to, a decision... More
  • NJ Issues Guidance on Race Discrimination Based on Hairstyle Recently, several jurisdictions have stated that discriminating against an employee on the basis of the employee’s hairstyle, where the hairstyle is closely associated with race, constitutes race discrimination. The New Jersey Division of Civil Rights has clarified its approach to this issue, recently issuing guidance on how it will apply the New Jersey Law Against Discrimination (the “LAD”) to matters of race discrimination based on hairstyle. Specifically, the Division states: …the LAD’s prohibition on discrimination based on race encompasses discrimination that... More
  • Supreme Court Hears Argument in LGBT Discrimination Cases: What’s Next? As regular readers of our blog will already know, the issue of whether Title VII prohibits employment discrimination based on an employee’s sexual orientation or gender identity has been a hot topic in federal litigation for several years. Our blog has regularly covered these developments and often expressed that this question will likely require clarification from the Supreme Court. Earlier this month, the Supreme Court heard oral arguments on three cases raising this question.  Two of the three cases involve employees being... More
  • Maine Joins Growing Ranks of States Banning Salary History Inquiries At this blog, we’ve written extensively about the proliferation of legislation at the state and local level to prohibit employers from inquiring about the salary or wage history of job applicants. As with state and local laws requiring employers to provide paid sick leave, laws restricting employers from making wage inquiries during the application process have become a growing trend across the country in the absence of federal action in this area. Sponsors of these measures describe their efforts as part of... More
  • Reminder: Sex Discrimination is NOT the Solution to Sexual Harassment A new article in Bloomberg details an unusual (to put it diplomatically) strategy that some male executives in the financial sector are using to avoid claims of sexual harassment: No more dinners with female colleagues. Don’t sit next to them on flights. Book hotel rooms on different floors. Avoid one-on-one meetings. In fact, as a wealth adviser put it, just hiring a woman these days is “an unknown risk.” What if she took something he said the wrong way? Across Wall Street, men are... More
  • 2018 in Review: The EEOC Has Been Busy As 2018 winds to a close, the EEOC has released a report showing the agency has been a busy bee in 2018.  As part of the EEOC’s 2018 Performance Accountability Report, the EEOC has made public a wide range of data regarding its activities for the 2018 fiscal year, which closed as of September 30th.  The agency has provided a snapshot of key statistics regarding its litigation and enforcement activities for the year: The EEOC’s legal team resolved 141 lawsuits and filed an... More
  • NJ Legislation to Expand Accommodations for Breastfeeding Employees Proposed Earlier this year, New Jersey enacted a law to protect breastfeeding employees and require employers to provide certain accommodations to breastfeeding employees. Notably, this law required reasonable accommodations as a general matter but also noted that reasonable accommodation “shall include reasonable break time each day to the employee and a suitable room or other location with privacy, other than a toilet stall, in close proximity to the work area for the employee to express breast milk.”  Employers are therefore required to provide... More