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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

Embracing mediation as a way to avoid litigation is not a sure-fire solution as one employer recently learned. See Unite Here Local 30 v. Volume Services, Inc., No. 16-55528 (9th Cir. January 26, 2018). Mediation is often employed as an alternative method of dispute resolution for its perceived advantages over traditional lawsuits (e.g. it can be quicker, less expensive and less formal than a court-driven process). For these reasons and others, many labor unions and employers frequently choose mediation as an alternative to arbitration.
Continue Reading Mediation Agreement In CBA Leads To Litigation

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…

This week, the SEC publicized its largest-ever whistleblower awards, thereby underscoring the value of robust internal reporting procedures. On March 19, the SEC issued a press release announcing that three individuals will get more than $83 million for providing information to the agency to help bring a case.Continue Reading Best Practices For An Effective Whistleblower / Internal Reporting Program In The US

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

In our Global Employer Monthly eAlert, we capture recent employment law developments from across the globe to help you keep up with the ever-changing employment law landscape around the globe.

In this month’s issue, we share updates from Argentina, Australia, Austria, Brazil, Canada, Chile, France, Italy, the Netherlands, South Africa, Sweden, Taiwan, Thailand, the United…

On February 26, 2018, the Second Circuit became the second federal appellate court to rule that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964, following the Seventh Circuit’s April 2017 decision in Hively v. Ivy Tech Community College, which reached the same conclusion.
Continue Reading Diverging From The DOJ, The Second Circuit Rules That Sexual Orientation Discrimination Is Prohibited By Title VII