News & Analysis as of

Employer Liability Issues State Labor Laws Sex Discrimination

Husch Blackwell LLP

Missouri Supreme Court Defines "Sex" in MHRA Public Accommodation Case: Potential Implications for Employers

Husch Blackwell LLP on

Last week, the Missouri Supreme Court firmly held that “sex” refers only to “one’s biological classification as male or female” under the provision of the Missouri Human Rights Act (MHRA) prohibiting discrimination in public...more

Venable LLP

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

Venable LLP on

The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Seyfarth Shaw LLP

In a Unique Twist, Massachusetts Attorney General Takes Advantage of Pay Equity Affirmative Defense and Wins

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the Woodward case, Justice Sisitsky of the Massachusetts Superior Court issued an outright win for employers in the first decision to apply the affirmative defense of the Massachusetts Equal Pay Act...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

Seyfarth Shaw LLP on

Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

FordHarrison on

New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Littler

New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

Littler on

On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of...more

Fisher Phillips

Understanding Transgender Workers’ Rights: A Legal Update and 3 Best Practices for Employers to Create an Inclusive Environment

Fisher Phillips on

Employers should review their diversity, equity, and inclusion (DEI) and anti-discrimination policies as federal and state laws protecting transgender workers continue to take shape. Earlier this month, the Equal Employment...more

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

New York State Adopts Updates to Model Sexual Harassment Prevention Policy

On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws...more

Bodman

Michigan Amends Civil Rights Act To Include LGBTQ Protections

Bodman on

On March 16, 2023, Michigan Governor Gretchen Whitmer signed a bill that expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to include protections for LGBTQ individuals....more

Foster Swift Collins & Smith

Michigan Senate Passes Significant Amendments to Elliott-Larsen Civil Rights Act

On March 1, 2023, the Michigan Senate approved a series of amendments to the state’s Elliott-Larsen Civil Rights Act, which would add “sexual orientation, gender identity or expression” to the law’s list of prohibited...more

Littler

Pennsylvania Expands Definitions of Race, Sex and Religious Creed in Human Relations Act

Littler on

On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved amendments to the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act regulations to add a...more

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

K&L Gates LLP on

Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more

Littler

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

Littler on

In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any...more

Perkins Coie

Florida Bans Mandatory WOKE Workplace Activities

Perkins Coie on

Some employers in Florida will be prohibited from requiring their employees to attend activities that promote or otherwise endorse certain concepts related to race and sex beginning July 1, 2022...more

Saiber LLC

Non-Disparagement Clauses Held Enforceable in New Jersey Employment Settlement Agreements

Saiber LLC on

Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open...more

Epstein Becker & Green

Illinois Equal Pay Act: New Registration Certificate Requirements

Epstein Becker & Green on

To comply with the latest iteration of the Illinois Equal Pay Act (IEPA), employers with at least 100 employees in the state of Illinois are required to submit an application to obtain an equal pay registration certificate...more

Morgan, Brown & Joy, LLP

Congress Moves To Compel The Litigation Of Workplace Sexual Harassment Claims

On February 7, 2022, the House of Representatives passed a significant bill that prevents the enforcement of arbitration provisions against an employee alleging sexual harassment. While not yet law, the bill is expected to...more

Jenner & Block

California Enacts Further Restrictions on Use of Nondisclosure Agreements in Discrimination and Harassment Settlements

Jenner & Block on

The #MeToo movement caused a significant amount of legislative activity across the country, addressing, among other things, limits on the use of nondisclosure agreements in settlements of sexual harassment claims. Expanding...more

Epstein Becker & Green

Texas Expands Employer Liability for Sexual Harassment Claims, Effective September 1, 2021

Epstein Becker & Green on

In the wake of the #MeToo movement, Texas joins a growing number of states enacting legislation that enhances employee protections against sexual harassment in the workplace. Effective September 1, 2021, any Texas employer...more

Pullman & Comley - Labor, Employment and...

Connecticut Employers Required to Disclose Wage Ranges to Employees and Job Applicants and Ensure Male and Female Employees...

On June 7, 2021, Governor Lamont signed into law “An Act Concerning the Disclosure of Salary Range for a Vacant Position,” which amends Connecticut General Statutes §§ 31-40z and 31-75. As you might have guessed, the law...more

Littler

Littler Lightbulb: Colorado Adds New Employment Laws this Session

Littler on

Over the last two years, Colorado enacted some significant employment laws, including the Healthy Families & Workplaces Act and Equal Pay for Equal Work Act. Colorado’s 2021 legislative session ended on June 12, 2021....more

Hinshaw & Culbertson LLP

[Webinar] LGBTQ+ Employment Law Roundup - June 23rd, 5:00 pm PT

Join Hinshaw and the LGBTQ+ Lawyers Association of Los Angeles on June 23, 2021, as we commemorate June Pride Month with a webinar featuring practical guidance on LGBTQ+ employment and workplace issues. This one-hour CLE...more

Jackson Lewis P.C.

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

Jackson Lewis P.C. on

Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

Fisher Phillips

September 2020: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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