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

  • 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
  • Latest Updates: Title VII and Gender Identity It’s been a busy month for those keeping an eye on one of the most pressing questions in employment law:  whether Title VII, which prohibits sex discrimination in employment, also inherently prohibits discrimination on the basis of gender identity. Last week, the US Department of Justice argued to the Supreme Court that workplace discrimination on the basis of gender identity is legal.  However, the Department requested the Court delay deciding whether to hear an appeal on this issue until it decides... More
  • Have You Reviewed Your State’s Voting Leave Laws? Today is Tuesday, October 30th, 2018, marking less than a full calendar week until the polls open across the country for the 2018 elections.  (This, of course, doesn’t include the many states that offer some form of early voting.)  And while “midterm” elections such as this year’s have historically seen lower turnout, a mix of polling, analysis, and reporting suggests that the November 6th election will see particularly strong voter interest. This is all very interesting, you may be saying to yourself,... More
  • Reminder: Religious Discrimination and Harassment Is Still A Serious Issue When I get asked about non-discrimination and harassment prevention in the workplace, a significant proportion of these questions focus on race discrimination and sexual harassment.  Still, employers should be mindful of other protected characteristics under federal and state law, even if charges and lawsuits on those bases are, statistically speaking, less frequent than others. While EEOC data show that charges alleging religious discrimination and harassment in the workplace constituted only 4% of charges received in fiscal year 2017, religious discrimination and... More
  • Delaware Makes Sexual Harassment Prevention Training Mandatory for Employers Here at our Employment Discrimination blog, we’ve written about the intensifying focus on workplace sexual harassment, in light of the #MeToo movement, at the federal agency level.  Laws addressing workplace sexual harassment, however, aren’t the exclusive province of the federal government. Indeed, state and local governments have been quite active in addressing sexual harassment in employment.  The Minnesota Legislature, for example, is considering an amendment to the definition of sexual harassment to expand liability for harassment.  New York State has also... More
  • PHRC Will Accept Discrimination Complaints from LGBT Employees The Pennsylvania Human Relations Commission (PHRC), Pennsylvania’s leading agency that investigates and enforces Pennsylvania’s employment discrimination laws, has voted to accept complaints of discrimination from lesbian, gay, bisexual, and transgender (LGBT) individuals.  Specifically, the PHRC has stated it will interpret complaints alleging workplace discrimination against LGBT individuals to fall under state law prohibiting discrimination on the basis of “sex”: The term “sex” under the PHRA may refer to sex assigned at birth, sexual orientation, transgender identity, gender transition, gender identity, and/or gender... More
  • In #MeToo Era, EEOC Intensifies Focus on Workplace Sexual Harassment The US Equal Employment Opportunity Commission (EEOC), the lead agency that administers federal anti-discrimination laws, has publicly announced its preliminary data for Fiscal Year 2018 regarding charges of sexual harassment in the workplace. And while the data are still preliminary, they are striking, perhaps reflecting the growth and influence of the #MeToo movement. In several key metrics, the EEOC announced it had seen increasing results relating to charges of sexual harassment in the workplace in FY 2018: the EEOC filed 41 lawsuits against... More