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

  • New EEOC Guidance Tackles Employee ADA Rights and Opioid Use The EEOC has issued new guidance about the rights of employees under the Americans with Disabilities Act as it relates to an employee’s opioid use, addiction, or past addiction. The guidance applies to use of a variety of opioids, whether they are prescription drugs, illegal drugs, or substances that can be prescribed to help treat opioid addiction, such as those used in connection medication-assisted treatment programs. The EEOC emphasizes that the ADA does not prohibit employers from terminating employees based on... More
  • Philadelphia: Employees May Disclose, Refuse to Work in Unsafe COVID-19 Conditions As many employers begin returning people to work, Philadelphia has passed an ordinance protecting employees who share safety concerns related to COVID-19. The ordinance requires employers to comply with all orders and regulations issued by the Pennsylvania Department of Health or the Philadelphia Department of Health related to COVID-19, specifically the safe workplace and workplace risk mitigation directives. Employers may not take adverse employment action against employees who make a “protected disclosure,” defined as a good-faith communication (or intent to communicate) that... More
  • Maryland Restricts Use of Facial Recognition Technology in Hiring Entering a relatively new frontier in employment discrimination law, the Maryland legislature has passed legislation restricting employers’ use of facial recognition technology in the hiring process. The bill becomes effective on October 1, 2020. Under the new law, Maryland employers may not use a “facial recognition service” for the purpose of creating a “facial template” during an applicant’s interview for employment. The law defines “facial recognition service” as any technology that “analyzes facial features and is used for recognition or persistent... More
  • Supreme Court: LGBTQ Employees Protected In an historic decision, the Supreme Court ruled 6-3 last week that Title VII’s prohibition on employment discrimination protects employees on the basis of sexual orientation and gender identity. In doing so, the Court held that discrimination based on sexual orientation or gender identity necessarily involves discrimination on the basis of sex, which Title VII expressly prohibits.   As regular readers of our blog will recall, we have covered this issue for quite some time, including the cases that made their way... More
  • What Employers Should Know about COVID-19 and the ADA COVID-19 has changed workplaces across the country. The virus’s status as a pandemic has given employers more tools to protect employees from the risks of infection at work. While the ADA normally restricts employers from making medical inquiries to employees or conducting medical exams at work, the COVID-19 pandemic has relaxed some of these restrictions. For example, employers can now ask employees who call in sick if they are experiencing symptoms of the pandemic – such as fever, chills, cough, shortness... More
  • NJ Issues Report, Recommendations on Stopping Sexual Harassment The New Jersey Division of Civil Rights has issued a report on sexual harassment, but what does it mean for workplaces in the state? The report comes as a result of three public hearings held in 2019 by the Division of Civil Rights in partnership with the New Jersey Coalition Against Sexual Assault and the Rutgers Law School International Human Rights Clinic. The goal of the project was to hear from New Jerseyans about their experiences in the workplace with sexual... More
  • 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