The 12 Days of California Labor and Employment Series – Day 5 "Off Duty Marijuana Use by Employees is Basically Off Limits for Employers"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the fifth day of the holidays, my labor and employment attorney gave to me five golden rings and SB 700. More ›

Governor Hochul Signs a Series of Bills Amending New York Labor and Employment Law

New York Governor Kathy Hochul signed a bill last month that amended the New York State's Human Rights Law to state that interns are protected from unlawful discrimination based on gender identity or expression. Since 2014, the New York State Human Rights Law has protected interns from unlawful discrimination based on their protected class status. In 2019, gender identity or expression was added as a protected class throughout the Human Rights Law, except in the intern provision. The newly enacted law appears purposed to correct an unintended oversight and to underscore that gender identity or expression is a protected class for interns. More ›

New York City Prohibits Discrimination Based on Height or Weight

Earlier this year, Mayor Eric Adams signed a bill amending the New York City Human Rights Law, prohibiting discrimination on the basis of an individual's height or weight. Set to go into effect on November 22, 2023, the bill does permit an employer to consider height or weight under the following limited situations: More ›

The 12 days of California Labor & Employment Series – Day 5: Harassment and Discrimination Allegations - No More Shush

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and SB 331. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 2: Longer Time to File With the DLSE Is Another Unwanted Gift for Employers

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment attorney gave to me: two turtle doves and AB 1947.

This bill was likely created and signed in part due to COVID-19, as it extends some deadlines. With all the craziness 2020 has brought—including work from home, court closures, court delays, and the like—it comes as no a surprise to see deadlines being extended, too. More ›

Title VII Enforcement Powers Against Employers Clarified by EEOC Opinion Letter

On Thursday, September 3, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an Opinion Letter shedding light on the agency's own ability to sue employers under Section 707(a) of Title VII of the Civil Rights Act. The letter clarifies two notable areas for employers. First, the EEOC does not have broad authority to file a civil lawsuit against an employer under Title VII without a finding of discrimination or retaliation. Second, the EEOC must follow procedural guidelines—investigate a charge of discrimination, find reasonable cause, attempt to remedy such practice by conciliation—before a civil lawsuit may be filed. More ›

District Court Permits Walmart to "Rollback" Job Offer Because of Undue Hardship from a Religious Accommodation

The U.S. District Court for the Western District of Wisconsin recently addressed an employer's responsibilities to accommodate an employee's religious beliefs. In EEOC v. Walmart Stores East, LP, the court examined whether Walmart was required to accommodate a candidate for an assistant manager position who informed Walmart—after he received his offer—that he could not work on Saturdays due to his religion. Walmart ultimately withdrew the offer of employment, but offered the employee the opportunity to seek a non-management position as well as the assistance of human resources in his job search. The employee refused Walmart's offer and asserted claims of religious discrimination and retaliation under Title VII. More ›

"Ok Boomer"... From Internet Meme to Workplace Age Discrimination

Conflict exists between every generation, at least to some degree, and this is not new. Advancements in technology, the status of the economy, and other large-scale factors create differences in perspective between older and younger generations. But employers should be vigilant and warn employees about the use of "Ok Boomer" and other age-related comments, as well as dismissive attitudes directed towards older workers. Given the prevalence of lawsuits alleging age discrimination and harassment, this latest popular phrase is cause for concern. More ›

New York State Prohibits Employee Discrimination Over Reproductive Health Decisions

On November 8, 2019, Governor Andrew Cuomo expanded the list of protected categories under existing New York City Human Rights Law by signing the New York Reproductive Choice Law. Under this provision, employers are prohibited from discriminating against employees or their dependents for their reproductive health decisions. Specifically, the law prohibits employers from accessing personal information about an employee or dependent's "use or access of a particular drug, device or medical service without the employee's prior informed affirmative written consent." Further, employers cannot retaliate against or treat an employee differently because they "use or access a particular drug, device or medical service." More ›

Electioneering at the Water Cooler: Protections and Pitfalls of Politics in the Workplace

With the 2020 U.S. Presidential Election less than a year away, political conversations and activities are seeping into almost every aspect of daily life—even the workplace. While discussions on the topic can be harmless, they may also be heated. The Seventh Circuit's decision in Daza v. State of Indiana serves as a cautionary tale and reminder to both public and private employers to proceed with caution when it comes to politics in the workplace. More ›