December 02, 2022
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Category: Discrimination and Harassment

Congress Clears “Speak Out Act” Banning Certain Pre-Dispute NDAs for President’s Signature

As we predicted, the lame-duck Congress has given final approval to the so-called “Speak Out Act” (S. 4524), federal legislation that would bar enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or sexual harassment. President Biden is expected to sign the measure into law when it reaches his desk. The Speak Out Act will be the second...
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October 28, 2022
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Category: Discrimination and Harassment

Congress Tees Up Bill To End Pre-Dispute NDAs Related to Sexual Assault or Harassment

Before leaving town for pre-election campaigning, the U.S. Senate quietly approved the so-called “Speak Out Act” (S. 4524), legislation that would bar enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or harassment. If approved by the House during the upcoming lame duck session – a real possibility given widespread bipartisan support for banning such NDAs – the...
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September 02, 2022
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Category: Agency Enforcement

Ruling by Seventh Circuit in EEOC v. Walmart Clarifies Burden of Proof Under Young

The U.S. Court of Appeals for the Seventh Circuit has ruled that the Equal Employment Opportunity Commission (EEOC) failed to prove that an employer engaged in unlawful pregnancy discrimination when it offered temporary light duty assignments exclusively to employees injured on the job but did not do so for employees who experienced pregnancy-related job restrictions. The ruling by the appeals...
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July 15, 2022
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Category: Discrimination and Harassment

Ninth Circuit Rules Employee Who Failed Drug Test Can Bring Disability Claim

A three-judge panel of the Ninth Circuit U.S. Court of Appeals has ruled 2–1 that a jury should decide whether a terminated employee can use an employer’s alleged lackadaisical drug testing policy and the facts surrounding the timing of a pre-employment drug test to prove that the real reason for his termination was disability discrimination under California law. The court’s...
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July 01, 2022
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Category: Discrimination and Harassment

D.C. Circuit Reverses Precedent, Broadens Title VII Protection

The U.S. Court of Appeals for the District of Columbia Circuit has expanded the types of actions that violate Title VII of the Civil Rights Act of 1964 (Title VII) by ruling that an employer that changes terms and conditions of employment based on a person’s protected characteristic can be liable, regardless of whether the action results in “objectively tangible...
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June 03, 2022
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Category: Agency Enforcement

Court Rules Challenge by Texas to EEOC’s SOGI Discrimination Guidance Can Go Forward

The State of Texas has cleared its first legal hurdle in a lawsuit filed by the state in federal court challenging guidance issued last year by the Equal Employment Opportunity Commission (EEOC) regarding discrimination based on sexual orientation and gender identity (SOGI). The ruling by a federal district court in Texas clears the way for the court to begin considering...
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May 13, 2022
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Category: Discrimination and Harassment

House Approval of Hairstyle Discrimination Bill Underscores Developing Trend

The U.S. House of Representatives recently passed the “Creating a Respectful and Open World for Natural Hair (CROWN) Act” (H.R. 2116), a bill that would prohibit discrimination in employment, public accommodations, and other venues based on an individual’s hairstyle or hair texture that is commonly associated with a person’s race or national origin. And while the CROWN Act, which passed...
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May 13, 2022
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Category: Discrimination and Harassment

Recent Court Ruling Highlights EEOC’s Aggressive Anti-Retaliation Litigation Strategy

Employers may recall that last year we reported that the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a new joint initiative to raise awareness about unlawful retaliation and emphasized the three agencies’ commitment to vigorous enforcement. In an action that certainly suggests that the EEOC is following through...
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April 01, 2022
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Category: Discrimination and Harassment

New York Expands Workplace Anti-Retaliation Protection, Creates Complaint Hotline

The state legislature of New York, in response to the sex harassment allegations that led to the resignation of former Governor Andrew Cuomo, has amended its already broad anti-retaliation law to prohibit covered employers from releasing personnel records of an employee who has complained about alleged discriminatory conduct. Senate Bill 5870 became effective immediately upon Governor Kathy Hochul’s signature on...
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