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Discrimination › Arbitration › Employer Liability Issues

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

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Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Littler

Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human...

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In London District Catholic School Board v. Weilgosh, 2024 CanLII 20606 (ON SCDC), the Ontario Superior Court of Justice, Divisional Court (Divisional Court) rejected an employer’s argument that the Human Rights Tribunal of...more

Perkins Coie

2023 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more

Constangy, Brooks, Smith & Prophete, LLP

#MeToo arbitration bill passes Senate

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And on to President Biden, who is expected to sign. Yesterday, the U.S. Senate passed by voice vote the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act." The legislation passed the House on Monday,...more

Genova Burns LLC

#MeToo and its Effect on Sexual Harassment Agreements

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Following the passage of similar laws in New York and California, a bill in the New Jersey State Legislature which bars nondisclosure clauses in workplace harassment settlement agreements is on Governor Murphy’s desk, with...more

Genova Burns LLC

Best If Used By: Keep an Eye Out for Arbitration Agreement Expiration Dates

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A recent opinion in the case of Susan L. O’Keefe v. Edmund Optics, Inc., addressed the question of whether an arbitration provision in a written employment agreement could survive the expiration of the agreement’s one-year...more

Genova Burns LLC

No Roman Holiday: New Jersey Appellate Division Says Employees Must Submit Sexual-Harassment and Discrimination Claims to...

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August 23, 2018 was a busy day for the New Jersey Appellate Division on the arbitration front when it issued two opinions effectively upholding the enforceability of arbitration agreements. Both cases involved...more

Carlton Fields

Fifth Circuit Reversed Judgment Compelling Arbitration Because Unsigned Arbitration Agreement Was Invalid

Carlton Fields on

This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment, discrimination and retaliation in violation of Title VII. ...more

Fisher Phillips

And Now The Bad News: Avalanche of California Bills Continues to Advance

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As we discussed in our last blog post, California employers received some rare good news in recent days.  Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

#MeToo Comes to Washington State

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In response to the #MeToo movement, lawmakers in several states are introducing bills aimed at curbing workplace sexual harassment and addressing how complaints and resolutions are handled by employers. Washington is no...more

Carlton Fields

Fifth Circuit Vacates Texas Federal Court’s Order Which Withdrew Its Prior Order Compelling Arbitration

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Plaintiff Gaspar Salas, a former employee of defendant GE Oil & Gas, brought suit in 2014 in Texas federal court against GE for discrimination and retaliation. The court granted GE’s motion to compel arbitration, and the case...more

Hogan Lovells

Employment News - May 2017 #2

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Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require...more

Spilman Thomas & Battle, PLLC

How Might Your Company be Affected by West Virginia's Employment Law Changes?

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Several bills affecting employers in West Virginia were brought before the 2015 Legislature, including bills relating to discrimination, prevailing wage, wage payment issues and more. Which ones passed, and how will they...more

Carlton Fields

Construction Case Law Update - January 2015

Carlton Fields on

“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Court of Appeals Further Restricts Arbitration Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their...more

Proskauer Rose LLP

Trends in New Jersey Employment Law - December 2014

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2014 Year in Review—the Top 10 Trends in New Jersey Employment Law - 2014 was another busy year for developments in New Jersey employment law. This newsletter examines noteworthy developments in ten key...more

Buchalter

Ringing in the New Year: A Summary of New Employment Laws for 2015

Buchalter on

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

Davis Wright Tremaine LLP

California Employment Law Update: What’s New for 2015?

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The California Legislature was unusually active this year. Significantly, California introduced mandatory paid sick live, created new “unfair immigration-related practices” and expanded potential liability for employers who...more

Fenwick & West LLP

New Laws Affecting California Employers

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The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide arbitration data on their websites, in a...more

Fenwick & West LLP

Fenwick Employment Brief - October 2014

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New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

JAMS

Unconscionable Arbitration Clauses: Be Careful What You Include

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Many employers lawfully require all employees, as a condition of employment, to arbitrate any disputes arising out of the employment relationship. Typically, such arbitration agreements include claims for wrongful...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2014

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In This Issue: - US Supreme Court Rules on Donning and Doffing Issue - NLRB Judge Invalidates Arbitration Agreement Without Class Action Waiver - Second Circuit Rules on Single Employer Liability Under the WARN...more

Proskauer Rose LLP

Top New Jersey Legal Developments - January 2014

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2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

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