Searching Content indexed under Discrimination, Disability & Sexual Harassment by Robert Fisher ordered by Published Date Descending.
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EEOC Issues Final Rules On Employer Wellness Programs
The ADA and GINA generally prohibit employers from obtaining medical information from employees and job applicants.
United States
27 May 2016
SJC Rules In Employment Discrimination Cases A Plaintiff Need Only Show The Reason For Discharge Was Untrue To Survive Summary Judgment
The questions before the SJC, in Bulwer, relate to what evidence is required to establish pretext, and at summary judgment, who has the burden to show it.
United States
9 Mar 2016
EEOC Proposes Rule Requiring Employers To Report Wage Data On EEO-1 Form
Late last week, the Equal Employment Opportunity Commission (EEOC) proposed a rule that would require employers with 100 or more employees to report data concerning employee pay on an annual basis.
United States
10 Feb 2016
Seventh Circuit Rejects EEOC's Attack On Severance Agreements
On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit upheld the dismissal of a lawsuit by the EEOC against CVS Pharmacy, Inc....
United States
4 Jan 2016
Company May Be Liable For Temporary Worker's Discrimination Claims
A recent decision by the U.S. Court of Appeals for the Third Circuit, Faush v. Tuesday Morning, Inc., is a reminder that companies that utilize employees of staffing companies are not insulated from employment law claims.
United States
26 Nov 2015
Supreme Court Authorizes "Barebones" Court Review Of The EEOC’s Conciliation Efforts
On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review...
United States
1 May 2015
Supreme Court Sets New Standard Governing Employer’s Obligation To Accommodate Pregnant Workers
On March 25, 2015, the U.S. Supreme Court addressed an employer's obligation to accommodate employees' pregnancy-related job restrictions.
United States
8 Apr 2015
Massachusetts Enacts Domestic Violence Leave For Employees
On August 8, 2014, Governor Deval Patrick signed into law a bill relating to domestic violence.
United States
22 Aug 2014
Employer Can Be Liable For Negligently Terminating An Employee Based On Co-Worker’s Discriminatory Conduct
The First Circuit held in Velazquez-Perez v. Developers Diversified Realty Corp. that an employer may be liable under Title VII for negligently terminating an employee.
United States
9 Jun 2014
Recent Decision On Temporary Disability Under The ADA Should Give Employers Pause
On January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit held that a temporary injury, if sufficiently severe, may qualify as a "disability" under the Americans With Disabilities Act.
United States
4 Mar 2014
EEOC’s New Strategic Enforcement Plan Highlights Emphasis On Systemic Discrimination Cases
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) adopted a new Strategic Enforcement Plan (SEP) setting forth its priorities and methods of enforcement for the next 4 years.
United States
22 Jan 2013
Massachusetts Enacts Law Prohibiting Discrimination Against Transgendered Individuals
Last week, Governor Deval Patrick signed into law "An Act Relative to Gender Identity," also known as the Massachusetts Transgender Equal Rights Bill. This law, which will go into effect in July 2012, extends the state’s equal rights provisions to transgendered individuals by prohibiting discrimination on the basis of gender identity in employment, housing, credit and education.
United States
8 Dec 2011
Employment Bulletin - June 22, 2011 - U.S. Supreme Court Ends Massive Class Action Against Wal-Mart
On Monday, the Supreme Court handed down its heavily anticipated decision in Wal-Mart Stores, Inc. v. Dukes, regarding whether or not the plaintiffs could pursue sex discrimination claims on behalf of more than one and half million current and former female employees of Wal-Mart.
United States
24 Jun 2011
Massachusetts Supreme Judicial Court Holds That Former Employee Can Bring Retaliation Claim Based On Conduct Which Occurred Two Years After The Termination Of Employment
Last week, the Massachusetts Supreme Judicial Court held that an employer may be liable under Massachusetts General Laws Chapter 151B to a former employee for retaliatory conduct that occurs after the employment relationship has ended.
United States
18 May 2011
EEOC Issues Final Regulations Implementing The ADA Amendments Act
Last week, the Equal Employment Opportunity Commission (EEOC) published its final regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA).
United States
4 Apr 2011
Massachusetts Supreme Judicial Court Holds That Arbitration Clause Does Not Preclude MCAD Proceeding
The Massachusetts Supreme Judicial Court recently held that an employee could file a complaint with the Massachusetts Commission Against Discrimination ("MCAD"), despite that she was subject to a valid arbitration agreement that expressly covered claims of employment discrimination.
United States
16 Mar 2011
Supreme Court Holds That Fired Fiancé of EEOC Complainant Has Title VII Retaliation Claim
Yesterday, the U.S. Supreme Court held that Title VII permits third-party retaliation claims, in which the plaintiff alleges that he suffered an adverse employment action in retaliation for protected conduct by another employee.
United States
26 Jan 2011
MCAD Issues "Fact Sheet" on CORI Reform
Last week, the Massachusetts Commission Against Discrimination issued a "Fact Sheet" regarding certain provisions of the Criminal Offender Record Information (CORI) Reform law that went into effect on November 4, 2010. Among other things, the CORI Reform law prohibits employers from asking applicants about their criminal history in an "initial written application."
United States
26 Nov 2010
EEOC Issues Regulations Relating To the Genetic Information Nondiscrimination Act of 2008
Over two years ago, President George W. Bush signed into law the Genetic Information Nondiscrimination Act of 2008 ("GINA"), which, among other provisions, prohibits discrimination in employment on the basis of genetic information.
United States
19 Nov 2010
U.S. Supreme Court Expands Protections Against Retaliation
A recent decision by the U.S. Supreme Court expands the protections against retaliation under Title VII of the Civil Rights Act of 1964.
United States
19 Feb 2009
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