Discrimination & Retaliation

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You’re invited to our live Annual California Employer Update on December 14 in Millbrae, California to discuss the adventures ahead for California employers.

Join us as we sit around the proverbial campfire to discuss the most significant legal developments in 2017 and how to prepare for 2018.

Covered topics will include:

  • New wage and hour

…

Last Tuesday, in Hively v. Ivy Tech Community College, the Seventh Circuit Court of Appeals (with jurisdiction over the courts in Illinois, Indiana and Wisconsin) became the first federal circuit to explicitly rule that sexual orientation is covered by Title VII of the Civil Rights Act of 1964. In so doing, the Seventh Circuit…

On January 31, President Trump nominated Judge Neil Gorsuch from the Tenth Circuit Court of Appeals to fill the Supreme Court seat previously held by the late Justice Antonin Scalia.  Judge Gorsuch is known as a conservative, a textualist, and a talented writer—much like Justice Scalia.  So, what effect would a Justice Gorsuch have on employers?
Continue Reading What Does Gorsuch Supreme Court Nomination Mean for Employers?

November 8 is shaping up to have one of the largest voter turnouts in history.  As such, Texas employers should ensure they comply with election voting laws as they relate to employees.  Chapter 276 of the Texas Election Code sets certain requirements for employers.  Below are some do’s and don’ts for employers with voting employees:
Continue Reading Voting Laws – Do’s and Don’ts for Texas Employers

Title VII and the Equal Pay Act expressly ban the unequal treatment and compensation of female employees. Yet pay inequity can creep in to even the most well-intentioned companies.  As a consequence, standards for evaluating pay practices are rapidly evolving in both the public and private sectors, and many companies are pledging to improve wage equality.  What’s more, with the EEOC now targeting equal pay discrimination, we are primed to see a wave of class action lawsuits that could cost companies millions in back pay and damages.  Is your company keeping up?
Continue Reading Pay Equity: Everything Employers Need to Know

On May 16, 2016, the EEOC issued two final rules that describe how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to corporate wellness programs offered by employers. These two rules address incentives that employers may offer, as well as related confidentiality issues. How healthy is your company’s wellness program in light of these new rules?
Continue Reading Does Your Corporate Wellness Program Need a Check-Up: EEOC Issues Two New Final Rules

Texas Bar Today Top TenAt some point, an employer may face the unpleasant task of responding to an EEOC Notice of Charge of Discrimination from an employee or former employee. Until recently, however, a well-drafted position statement often could stop a discrimination charge in its tracks.  A new EEOC policy may change all that.
Continue Reading EEOC to Release Employer Position Statements to All Claimants

Texas Bar Today Top Ten It’s a new year, and some of your employees may have resolved to lose weight, eat more healthfully, or even give up smoking in 2016. But employees aren’t the only ones interested in their own health and wellness.  Corporate wellness programs can be an effective way for employers to encourage healthy behavior from their workforce while saving costs on health care premiums.
Continue Reading Corporate Wellness Programs: How Far Can Employers Go to Make Employees Healthy?