Changes coming to Delaware’s discrimination law

December 07, 2016 0 COMMENTS

by Lauren E.M. Russell

Changes that will expand the Delaware Discrimination in Employment Act (DDEA) to include discrimination based on family responsibilities and reproductive health decisions are set to take effect on December 30.

Under the revised law, it will be unlawful for a covered Delaware employer to discriminate against employees because of their family responsibilities. “Family responsibilities” are defined as “the obligations of an employee to care for any family member who would qualify as a covered family member under the Family and Medical Leave Act [FMLA].”

read more…

NC General Assembly does more than just invalidate Charlotte’s LGBT ordinance

March 24, 2016 0 COMMENTS

by Richard L. Rainey

On Wednesday night, the North Carolina General Assembly passed House Bill (HB) 2, which was then signed by Governor Pat McCrory. While HB 2 was prompted by the desire to overturn Charlotte’s recently enacted ordinance that banned discrimination against LGBT people in the provision of public accommodations and allowed transgender individuals to use the bathroom of their choice, its actual scope is much wider than that. The newly enacted law has the following provisions:

  • The law prevents local governments from imposing any requirement on employers pertaining to the compensation of employees, such as minimum wages, hours of labor, benefits, or leave. This means cities and counties can’t enact “living wage” ordinances or require paid leave, as has been done in other parts of the country.
  • The law prohibits local governments from enacting ordinances that prohibit employment discrimination. Thus, local ordinances prohibiting discrimination based on sexual orientation or any other factor are not allowed.
  • The law amends the North Carolina Equal Employment Practices Act (NCEEPA) by clarifying that discrimination against a person’s “biological sex” (not just “sex”) is not permitted. Biological sex is defined as the sex that is stated on the person’s birth certificate.
  • The law further states that the NCEEPA, while a statement of public policy, does not create any statutory or common-law private cause of action, and no person may bring any civil action based on it. This provision means that common-law claims for wrongful discharge in violation of public policy, which have become quite common in the area of employment law litigation, can’t be based on the NCEEPA. Of course, pursuing federal discrimination claims is still an available avenue.
  • The law prevents local governments from imposing antidiscrimination ordinances with respect to businesses that are places of public accommodation. This is the provision directly targeted at the Charlotte ordinance.
  • The law provides requirements for school districts and government agencies on the use of restrooms. Essentially, an individual must use the bathroom designated for his or her biological sex.

read more…

New Connecticut law protects interns from discrimination, harassment

September 21, 2015 0 COMMENTS

by Ashley Harrison Sakakeeny

Employers in Connecticut should update their antidiscrimination and antiharassment policies to cover unpaid interns as a new state law becomes effective October 1.

The new law, Public Act 15-56, prohibits discrimination and harassment against interns much like current laws protect employees. It prohibits discrimination based on an intern’s race, color, age, and other protected characteristics. Also, the law makes it illegal to retaliate against an intern for filing a complaint of discrimination or harassment. It permits interns to file complaints with the Connecticut Commission on Human Rights and Opportunities and, ultimately, in Connecticut superior court.

read more…

Next phase of Houston’s equal rights law set

June 24, 2015 0 COMMENTS

As of June 27, more employers will be covered by the Houston Equal Rights Ordinance (HERO). The ordinance adds to the protected classes covered under federal and state civil rights laws.

HERO took effect on June 27, 2014, covering employers with 50 or more employees. On June 27, 2015, the law will cover employers with 25 or more employees. On the next anniversary of the law, it will cover employers with 15 or more employees.

HERO protects employees from discrimination based on sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, gender identity, genetic information, and pregnancy. Sexual orientation protection extends to both real and perceived sexual orientation.

read more…

Minnesota employers need to be ready for medical marijuana by July 1

June 17, 2015 0 COMMENTS

by Laurie Jirak

Distribution of medical marijuana in Minnesota is set to begin July 1, so employers need to understand their rights and responsibilities under the state’s new medical marijuana law.

Confusion may arise because employers are subject to both federal and state laws that may impose different standards or requirements on workplace medical marijuana policies. Although the state has a law allowing medical marijuana use, it isn’t permitted under federal law.

read more…

New OFCCP rule on sexual orientation, gender identity takes effect April 8

March 30, 2015 0 COMMENTS

by Emily L. Bristol

A new rule that adds “sexual orientation” and “gender identity” to the list of prohibited bases of discrimination under Executive Order 11246 goes into effect on April 8.

The rule, from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), will apply to federal contractors that hold covered contracts entered into or modified on or after April 8.

read more…

Utah passes historic legislation against sexual orientation and gender identity discrimination

March 13, 2015 0 COMMENTS

by Ryan B. Frazier

On March 12, Utah Governor Gary Herbert signed into law newly enacted legislation aimed at preventing employment and housing discrimination against gays, lesbians, and transgender individuals. The monumental legislation amends the state’s antidiscrimination law to prohibit employers statewide from making employment decisions based on an individual’s sexual orientation or gender identity. Under the law, a person’s sexual orientation or gender identity cannot be the basis for refusing to hire, refusing to promote, demoting, or terminating him or her. Utah law already banned employment discrimination on the basis of race, sex, age, religion, pregnancy, national origin, and disability.

The new law also provides safeguards for religious freedoms. The law exempts religious leaders and organizations such as churches and religious schools and their affiliates from the application of the new provisions. It also exempts the Boy Scouts of America or any of its subsidiaries or councils.

read more…

New California law on immigrant discrimination takes effect January 1

December 11, 2014 4 COMMENTS

by Alka Ramchandani

A new California law taking effect January 1 clarifies a previous law prohibiting immigrant-related discrimination.

Last year, a law creating California Labor Code Section 1019 was enacted. That law makes it unlawful for an employer or any other person to engage in—or direct another person to engage in—any “unfair immigration-related practice” against a worker in retaliation for exercising a legal right.

Unfair immigration-related practices include requesting more or different documents than are required under law, threatening to file a false police report, using the federal E-Verify system to check the status of an employee in a time and manner not required by law, or threatening to contact immigration authorities.

read more…

Maryland transgender rights law takes effect October 1

September 09, 2014 0 COMMENTS

by Kevin C. McCormick

Maryland’s new law prohibiting discrimination against transgender individuals in areas of employment, housing, credit, and public accommodations goes into effect October 1.

The Fairness for All Marylanders Act passed the legislature in March and was signed by Governor Martin O’Malley in May. It adds “gender identity” to Maryland’s existing laws that prohibit discrimination based on race, religion, sex, sexual orientation, and other characteristics. The law is designed to protect any person who has or is perceived by others to have a gender identity or expression that might be considered different or inconsistent with his assigned sex at birth, regardless of whether he self-identifies as transgender.

read more…

Obama order bars contractors from LGBT employment discrimination

July 21, 2014 0 COMMENTS

On July 21, President Barack Obama signed an Executive Order prohibiting federal contractors from employment discrimination based on sexual orientation or gender identity.

Federal Employment Law Insider editor David S. Fortney, Elizabeth B. Bradley, and Emily Bristol, attorneys with Fortney & Scott, LLC in Washington, D.C., issued a statement after Obama signed the order. They explained that the order marks the first time a national standard has been established. They called it “a historical moment for the expansion of civil rights laws to include the LGBT status as a protected category.”

read more…

 Page 1 of 3  1  2  3 »