News & Analysis as of

Employment Discrimination Employer Liability Issues First Amendment

Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

Husch Blackwell LLP on

Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

Meyers Nave on

On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Wiley Rein LLP

Maintaining Civility Post-Election – Guardrails on Employee Political Speech

Wiley Rein LLP on

Election season is officially over, but the tension surrounding discussions about the candidates and the issues in American society is unlikely to end soon. That tension is extending beyond dinner tables and social...more

Littler

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

Littler on

The Utah legislature wrapped up its seven-week legislative session on March 1, 2024.  In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed...more

Seyfarth Shaw LLP

Eleventh Circuit Strikes Down Florida Ban on Company’s “Woke” Diversity Training

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit recently issued an opinion blocking the enforcement of Florida's "anti-woke" law. The Court struck down the law on the grounds that the law impermissibly infringes on employers' free...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

This week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Proskauer - California Employment Law

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) - Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St....more

Littler

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

Littler on

On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more

Troutman Pepper Locke

Third Circuit Upholds Philadelphia's Salary History Ban

Troutman Pepper Locke on

The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more

Seyfarth Shaw LLP

Ninth Circuit Narrowly Construes The First Amendment’s Ministerial Exception For Religious Institution Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Biel v. St. James School, the Ninth Circuit once again split from other circuit courts, this time by narrowly construed an affirmative defense known as the “ministerial exception” that bars claims of...more

Nossaman LLP

California Supreme Court to Issue Opinion on Monday, July 22 in Anti-SLAPP Case Affecting Pending Peer Review Cases and Peer...

Nossaman LLP on

On May 7, 2019, the California Supreme Court heard oral arguments in Wilson v. Cable News Network, Inc., et al., where plaintiff was a producer at CNN who sued the media giant for employment discrimination, retaliation,...more

FordHarrison

Connecticut Employers are Banned from Asking Applicants' Salary History Effective January 1, 2019

FordHarrison on

Executive Summary: As of January 1, 2019, Connecticut employers are prohibited from inquiring about an applicant’s prior salary history. ...more

Bradley Arant Boult Cummings LLP

Cue the Organ Music: Court Administers the Ministerial Exception to Music Minister

Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated...more

Payne & Fears

Key California Employment Law Cases: June 2018

Payne & Fears on

This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Janus v. American Fed’n of State, County, and Mun. Employees, Council 31, 138 S. Ct. 2448...more

Hogan Lovells

Philadelphia District Court Strikes Down Portion of Salary History Ban

Hogan Lovells on

On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states...more

White and Williams LLP

Mixed Results for Employers in Legal Challenge to Philadelphia’s Salary History Ban Ordinance

Court distinguishes between unlawful “Reliance” on wage history in setting wage rates and lawful “Inquiries” into wage history - The City of Philadelphia was the first city in the United States to enact an ordinance...more

Troutman Pepper Locke

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

Troutman Pepper Locke on

In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

Akerman LLP - HR Defense

Protected Conduct or Hate Speech? Managing Diverse Viewpoints in the Workplace

Akerman LLP - HR Defense on

Recent events have underscored the difficulties employers face in managing diverse workforces in which employees hold a wide-range of political perspectives. The mere discussion of the news of the day can create divisive...more

Seyfarth Shaw LLP

Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed

Seyfarth Shaw LLP on

Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more

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