Employment Law Blog

ARB Allows Affordable Care Act Whistleblower Claim to Proceed

June 14, 2017
When the Patient Protection and Affordable Care Act (ACA) became law in 2010, Congress created new anti-discrimination and anti-retaliation protections for all employees, that are particularly helpful to healthcare workers. This provision has received relatively little attention, including in the recent congressional debate on...

Why Is Sexual Harassment so Rampant at Tech Start-Ups?

June 5, 2017
Women have long endured sexist, offensive and discriminatory workplaces. While progressive legislation and protective case law have induced employers to try to create more equitable work environments, sex-based harassment allegations have stayed relatively consistent over the past decade. For instance, the U.S. Equal Employment...

Third Circuit Holds Title IX Protects Medical Residents in Private Hospital

April 26, 2017
The text of Title IX of the Education Amendments of 1972 (“Title IX”) prohibits sex discrimination in “any education program or activity receiving Federal financial assistance.” In many instances, it is clear that a given program falls within the scope of Title IX; for instance, if a high school or college receives federal...

Uber’s Alleged Failure to Address Harassment Shines Light on HR Practices

April 5, 2017
Since 1999, when the Supreme Court first created an affirmative defense for supervisory harassment that required employers to prove that they have effective policies and procedures in place to respond to complaints of harassment, the EEOC has provided detailed guidance on what those policies and procedures should look like....

Federal Agencies Reiterate that Anti-Retaliation Statutes Protect Workers Regardless of Immigration Status

March 23, 2017
On January 10, the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and National Labor Relations Board (NLRB) issued a joint fact sheet explaining that employees are protected from retaliation for asserting workplace rights regardless of immigration status. Retaliation occurs when an employer takes an...

DOL Sues Oracle for Bias Against Women and Minorities

March 21, 2017
The U.S. Department of Labor (“DOL”), through its Office of Federal Contract Compliance Programs (“OFCCP”), has filed a lawsuit against Oracle America Inc., a large California-based technology firm that designs, manufactures, and sells software products, and offers services related to its products to the federal government. The...

Third Circuit Decision Creates Split on Important ADEA Issue

February 23, 2017
The federal Age Discrimination in Employment Act (ADEA) prohibits age discrimination against individuals who are 40 or older, granting important protections to millions of American workers.  Since the ADEA’s enactment in 1967, courts have confronted a variety of questions about the extent and application of the law.  One...

New EEOC Regulation Aims to Ramp Up Federal Hiring of Individuals with Disabilities

February 16, 2017
On January 3, 2017, the EEOC issued a rule establishing new guidelines to encourage federal employers to hire individuals with disabilities. Specifically, federal agencies should take steps to reach a target goal of disability representation among their workforce and provide their disabled employees with necessary services. The...

Federal Protections for America’s Aging Workforce

February 7, 2017
As the American workforce ages, it becomes increasingly important for employees and employers to recognize the signs of age discrimination that violates the Age Discrimination in Employment Act (ADEA) and to understand their rights under the Act. In the 20 or so years following the Second World War, the United States saw a...

How Does Your State Fare in Workplace Protections?

January 31, 2017
Many employees facing workplace discrimination find vital protection under federal statutes that prohibit discrimination on the grounds of race, national origin, religion, age, disability, pregnancy, and other characteristics.  These laws, including the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the...

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