Employment Law Blog

Second Circuit Holds an Employer’s Rules Against Recording May Violate the NLRA

August 16, 2017
The Second Circuit recently affirmed a decision by the National Labor Relations Board (NLRB), finding that an employer’s policy prohibiting employees from recording meetings or conversations without management approval violated Section 7 of the National Labor Relation Act (NLRA). Section 7 of the NLRA guarantees employees the...

Life Time Fitness Settlement Reminds Employers and Employees of Pregnancy Protections

July 12, 2017
On Feb. 23, 2017, Life Time Fitness settled a pregnancy discrimination lawsuit filed by the United States Equal Employment Opportunity Commission (EEOC) for $86,000. The EEOC’s complaint alleged that, after giving prospective employee Emily Carpenter two interviews and offering her a job, Life Time Fitness revoked its job offer...

Subtle Workplace Bias Undermines Productivity and Well-Being, Study Finds

June 28, 2017
A new study of people who have experienced workplace discrimination showed that over one-fourth experience forms of “workplace bias” that are “common, impactful, and beyond their ability to manage,” leading to increased frustration, stress, depression, and helplessness. Nearly half of the subjects interviewed about workplace...

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...

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