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|Department of Justice Warns Governor that North Carolina LGBT Law is Unlawful|
Michelle E. Phillips, Ann H. Smith, Bethany Swaton Wagner; Jackson Lewis P.C.;
May 26, 2016, previously published on May 5, 2016North Carolina’s law restricting access to restrooms based on an individual’s sex assigned at birth and not based on an individual’s consistent gender identity violates both Title VII of the Civil Rights Act and Title IX of the Education Amendments of 1972, the United States...
|EEOC Stresses Title VII Bars Discrimination against Transgender Workers, Including Regarding Bathroom Access|
Michelle E. Phillips; Jackson Lewis P.C.;
May 26, 2016, previously published on May 4, 2016The Equal Employment Opportunity Commission’s new fact sheet focuses on bathroom access and reminds employers that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights Act, and contrary state law (such as North Carolina’s HB-2,...
|The Legal Importance of the Interactive Process|
Ralph R. Smith; Capehart & Scatchard, P.A.;
May 26, 2016, previously published on April 28, 2016One of the most important duties that is imposed by anti-disability discrimination laws is the obligation to accommodate the disabled employee in performing the essential job duties of a desired employment position. As part of that obligation, both federal and New Jersey state law impose a duty...
|Oxford, Alabama, City Council Repeals Bathroom Ordinance Targeting Transgender Individuals|
Thomas A. Davis, Michelle E. Phillips, Kimberly R. Ward; Jackson Lewis P.C.;
May 26, 2016, previously published on May 6, 2016The Oxford, Alabama, City Council has repealed on May 4, 2016, an ordinance it passed a week previously that barred transgender people from using a bathroom that corresponds with their gender identity. (See our article, Oxford, Alabama, City Council Adopts Ordinance Restricting Access to Bathroom...
|New EEOC Resource Document: More Questions than Answers about Return-From-Leave under the ADA|
James (Jay) F. Glunt; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 26, 2016, previously published on May 13, 2016On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document titled, “Employer-Provided Leave and the Americans with Disabilities Act,” which offers insights into when employers should provide leave as an accommodation under the Americans with...
|2016 Maryland General Assembly Employment Legislation Update|
Shawe Rosenthal LLP;
May 26, 2016, previously published on April 29, 2016During the Maryland General Assembly session that ended in April 2016, Shawe Rosenthal lawyers again worked with the Maryland Chamber of Commerce to oppose or moderate legislation that would adversely affect employers. Several employment bills were passed by the General Assembly. Governor Hogan has...
|Religious Exemptions Protect School From Student’s Disability Discrimination Claim|
Caroline J. Berdzik, Melissa M. Ferrara; Goldberg Segalla LLP;
May 18, 2016, previously published on April 28, 2016Religious institutions may always face complex questions as to whether, and which, legal exemptions apply to them in various situations. But a recent case in New Jersey federal court shines a narrow sliver of light onto this murky issue — at least in terms of discrimination and retaliation...
|Personal Data Protection under Turkish and European Legislation II|
Eda Uludere; Erdem Erdem Law Office;
May 16, 2016, previously published on March 3, 2016Law on Protection of Personal Data numbered 6698 (“LPPD” or “Law”) entered into force through publication in the Official Gazette dated 07.04.2016 and numbered 29677. Through enactment of the Law, Turkey has taken the final step on the protection of personal data, and...
|Pennsylvania Governor Issues Executive Orders Protecting LGBT Rights|
Sheri L. Giger, Michelle E. Phillips, Bethany Swaton Wagner; Jackson Lewis P.C.;
April 27, 2016, previously published on April 11, 2016Pennsylvania Governor Tom Wolf has signed two executive orders protecting the rights of lesbian, gay, bisexual, and transgender (“LGBT”) individuals. The first executive order covers discrimination by state agencies, and the second applies to state contractors as well as companies who...
|Broadway’s ‘Hamilton’ Casting Call Ad Runs Afoul of Discrimination Laws|
Linda R. Carlozzi, Christopher M. Repole; Jackson Lewis P.C.;
April 19, 2016, previously published on April 1, 2016Recent publicity surrounding a casting call for the Broadway musical “Hamilton” should remind employers of the danger of using discriminatory criteria in job ads.