Showing 9 posts in Workplace Discrimination.

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact test" because the impact was only incidentally felt in New York. More ›

EEOC Publishes Final Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace harassment in virtual or online work environments, as well as harassment related to sexual orientation, gender identity, pregnancy, and religion. More ›

The 12 Days of California Labor and Employment Series – Day 12 "New Requirement for Workplace Violence Prevention Plan"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the twelfth and final day of our holiday series, my labor and employment attorney gave to me twelve drummers drumming and SB 553. More ›

The 12 Days of California Labor and Employment Series – Day 5 "Off Duty Marijuana Use by Employees is Basically Off Limits for Employers"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the fifth day of the holidays, my labor and employment attorney gave to me five golden rings and SB 700. More ›

New York City Prohibits Discrimination Based on Height or Weight

Earlier this year, Mayor Eric Adams signed a bill amending the New York City Human Rights Law, prohibiting discrimination on the basis of an individual's height or weight. Set to go into effect on November 22, 2023, the bill does permit an employer to consider height or weight under the following limited situations: More ›

The 12 Days of California Labor & Employment – Day 5 "FEHA Expansion Regarding Contraceptives"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and SB 523. More ›

"Ok Boomer"... From Internet Meme to Workplace Age Discrimination

Conflict exists between every generation, at least to some degree, and this is not new. Advancements in technology, the status of the economy, and other large-scale factors create differences in perspective between older and younger generations. But employers should be vigilant and warn employees about the use of "Ok Boomer" and other age-related comments, as well as dismissive attitudes directed towards older workers. Given the prevalence of lawsuits alleging age discrimination and harassment, this latest popular phrase is cause for concern. More ›

Electioneering at the Water Cooler: Protections and Pitfalls of Politics in the Workplace

With the 2020 U.S. Presidential Election less than a year away, political conversations and activities are seeping into almost every aspect of daily life—even the workplace. While discussions on the topic can be harmless, they may also be heated. The Seventh Circuit's decision in Daza v. State of Indiana serves as a cautionary tale and reminder to both public and private employers to proceed with caution when it comes to politics in the workplace. More ›

Clarifying the SCOTUS American Pipe Decision: Pending Motion for Class Certification does not toll Limitations Period

The United States Supreme Court recently handed the defense bar a useful tool in stemming the tide of class action lawsuits. In the area of employment law, claims for violations of federal wage and hour laws, violations of state and local regulations governing employees, and systemic workplace discrimination are prone to class action claims. More ›