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|Evidence of Past Discrimination Claims Relevant even if Based on Different Protected Classification|
Ralph R. Smith; Capehart & Scatchard, P.A.;
May 26, 2016, previously published on March 31, 2016One issue that frequently comes up in employment discrimination litigation is whether an employer must identify as part of the discovery process past discrimination claims that may have been previously brought or asserted against it. Often, employers try to avoid disclosure of such information on...
|EEOC Issues Position Statement Procedures|
Victoria Woodin Chavey, Richard S. Cohen, Paul A. Patten; Jackson Lewis P.C.;
May 26, 2016, previously published on May 6, 2016The Equal Employment Opportunity Commission has issued its first-ever nationwide procedures on respondent position statements and guidance on effective position statements. These procedures, along with the EEOC’s Digital Charge system, make significant changes in some jurisdictions, while...
|The NFL Deflategate Scandal — The Second Half|
Clifford J. Hart; Borden Ladner Gervais LLP;
May 26, 2016, previously published on April 27, 2016In September 2015, we reported on the U.S. District Court's decision to overturn ("vacate") the four-game suspension issued by NFL Commissioner Roger Goodell on Tom Brady of the New England Patriots for his role in the "deflategate" scandal ("Fantasy Football ¿ Lessons...
|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...
|New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers|
Jason R. Carruthers, Jonathan J. Spitz, Kathleen M. Tinnerello; Jackson Lewis P.C.;
May 26, 2016, previously published on May 5, 2016The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.” However, the amendment does not apply...
|California Legislative Update: What State Law Changes Should Employers Anticipate?|
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 26, 2016, previously published on May 13, 2016California lawmakers have proposed a number of employment and labor law bills during the current legislative session. Most significantly, Senate Bill 3, the bill to increase California’s minimum wage to $15 per hour by 2022, passed and was signed into law on April 4, 2016. Below is a list of...
|OSHA/CDC - Zika Guidance|
Shawe Rosenthal LLP;
May 26, 2016, previously published on April 29, 2016The Occupational Safety and Health Administration and the Centers for Disease Control have jointly issued an “Interim Guidance for Protecting Workers from Occupational Exposure to Zika Virus.” The Guidance provides information about the Zika virus and how it is transmitted, along with...
|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,...
|Vermont Passes “Ban the Box” Legislation|
James R. Silvers, Jennifer Peck Woodruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 26, 2016, previously published on May 12, 2016On May 3, 2016, Vermont Governor Peter Shumlin signed into law a “ban the box” statute, which will take effect on July 1, 2017. The law will prohibit covered employers from inquiring about information pertaining to an individual’s criminal history record on an initial employment...