Discrimination and Retaliation

Last week, a team of Baker McKenzie partners (Andy Boling, Doug Darch, Bill Dugan and Miriam Petrillo) led a lively roundtable in Deerfield, Illinois on the topic of civility in the workplace.

Attorneys from the EEOC (Greg Gochanour, Regional Attorney for Chicago Office) and the NLRB (Paul Hitterman, Regional Attorney for Region 13 of the NLRB) joined us in leading the discussion. Topics included disciplining employees for uncivil workplace behavior, the enforceability of confidentiality restrictions on witnesses during internal investigations and the NLRB’s newly issued test for reviewing employee work rules.

Here, we share a “top 10” list to highlight the principal takeaways from the program.

Continue Reading Top 10 Takeaways For Managing A Diverse Workplace

In the last two weeks, New York state and city legislatures each passed groundbreaking legislation that would require most private employers to provide sexual harassment training to their workforces every year. No other US jurisdiction requires annual harassment training for all employees, making this legislation – if signed into law – the most expansive in the country. (California requires training for supervisors and managers only, see more HERE.)

Continue Reading Mandatory Sexual Harassment Training Comes To New York

On April 9, 2018, the Ninth Circuit issued its decision in Rizo v. Yovino and affirmed that prior salary, alone or in combination with other factors, cannot justify a wage differential between male and female employees. Judge Stephen Reinhardt, who died unexpectedly in late March, authored the  ruling. Known as the “Liberal Lion” of the federal judiciary in California, Judge Reinhardt also overturned bans on same-sex marriage and physician-assisted suicide and declared prison overcrowding unconstitutional.

Continue Reading The “Liberal Lion’s” Last Opinion Says Salary History Can’t Justify Wage Differentials

Is your HR team struggling with how to manage a diverse workforce in the #metoo era? Join us and representatives from the EEOC and NLRB for a complimentary seminar on April 12th to discuss the agencies views on these topics and more, including:

  • The Evolving Workplace and Where We Stand With the New Administration
  • The EEOC’s perspective: Sexual Harassment, Mandated Training, Civility Rules and Confidentiality (featuring Greg Gochanour, EEOC Supervising Trial Attorney
  • The NLRB’s Perspective: The New Standard for Evaluating Work Rules and What it Means for Employee Handbooks, Confidentiality and Civility in the Workplace (featuring Paul Hitterman, NLRB Regional Attorney, Region 13)
  • Ethics CLE: Rule 37 (ESI), Spoliation and Litigation Holds

When: 8:30 AM CST – 11AM CST (The seminar kicks off with registration and a networking breakfast, and the program begins at 9AM)

Where: Hyatt Regency Deerfield (1750 Lake Cook Rd., Deerfield, IL 60015)

Click here for more information on the seminar, including featured speakers. To register, click here.

It’s no secret that a diverse and inclusive workplace has become critical for success. Clients, investors and talent are increasingly attracted to companies with socially responsible values and progressive workplace polices – with good reason. Diversity and inclusion have been linked to innovation, financial results and employee engagement.

Yet many organizations have long struggled to create impactful diversity and inclusion programs, particularly when it comes to increasing diversity at senior levels. While there is no silver bullet to eliminate bias, you can advance your diversity and inclusion program by making it a core component of your corporate culture and implementing practical strategies to update your initiative.

Click here to read the entire article, originally published on Ethisphere.com.

In the wake of the #metoo movement, several lawmakers proposed legislation to ban confidentiality provisions in workplace sexual harassment settlements.

Critics of confidentiality agreements say that they enable serial abusers and silence victims. But, some advocates question whether a ban could actually harm individuals. For instance, some victims may actually prefer confidentiality and the prospect of publicity may discourage them from coming forward. Further, the promise of confidentiality may lead to larger (and earlier) monetary settlements for victims.

Continue Reading #MeToo Breaks Silence, Legislators Follow: Confidentiality Provisions

The use of mandatory employment arbitration agreements has long been the subject of debate, but the controversy has intensified since the inception of the #MeToo movement. Some legislators believe that mandatory arbitration of sexual harassment claims silences harassment victims and perpetuates harassment.

Continue Reading #MeToo Breaks Silence, Legislators Follow: Arbitration Agreements

On the heels of the Second Circuit’s decision that sexual orientation discrimination violates Title VII, advocates for LGBTQ rights scored another victory in federal court. On March 7, 2018, the Sixth Circuit unanimously ruled in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. that discrimination on the basis of transgender and transitioning status violates Title VII’s prohibition on sex-based discrimination.

Continue Reading Another Federal Court Victory For LGBTQ Rights–The Sixth Circuit Follows The Lead Of The Second And The Seventh Circuits

Jordan Kirkness and Susan MacMillan in our Toronto office report that the government of Ontario announced yesterday that it will introduce new legislation to require certain employers to track and publish their compensation information.

The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative is titled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”). Yesterday’s announcement comes on the heels of last week’s budget plan in which the Canadian federal government outlined proposed proactive pay equity legislation that would apply to federally regulated employers — see here for our article on the proposed federal legislation.

For more on Ontario’s new pay transparency legislation, see here.

Baker McKenzie partner Kerry Weinger introduces Liliana Hernandez-Salgado from Mexico City to talk about employment laws in Mexico and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. Companies doing business in Mexico must stay tuned for further developments related to outsourcing regulations. Meanwhile companies with a traditional corporate structure of two legal entities, must review their corporate structure and outsourcing arrangements to mitigate labor, social security and tax risks.
  2. 2018 appears to be a year of significant amendments to the labor legislation in Mexico, mainly related to procedures to resolve individual and collective disputes. The amendment to the Mexican Constitution in 2017 could represent significant changes related to freedom of association, by establishing the obligation for unions to prove that they represent workers of the Company in order to file a strike call for the execution of a collective bargaining agreement. If the Mexican labor laws are amended in these terms, the practice of companies in Mexico to execute collective bargaining agreements to prevent a strike call, commonly known as “protection agreements”, will come to its end.
  3. Companies must review their anti-corruption, discrimination and harassment policies in the workplace. The implementation of appropriate policies, not only allow companies to impose disciplinary actions against employees who breach them, but they also prevent risks for the Company, including penalties from government agencies, payment of damages and even criminal liability.

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