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Employment Discrimination Report

Discussions on Recent Legislation, Noteworthy Cases & Trends in Enforcement

Thawing the Chilling Effect: Diversity, Equity and Inclusion Trainings following the President’s September 2020 Executive Order titled “Combating Race and Sex Stereotyping”

By Fox Rothschild LLP on December 1, 2020

On September 4, 2020, under an order from the President of the United States, the director of Office of Management and Budget (OMB), Russell Vought, issued a memorandum titled Training …
Continue Reading Thawing the Chilling Effect: Diversity, Equity and Inclusion Trainings following the President’s September 2020 Executive Order titled “Combating Race and Sex Stereotyping”

Posted in Employee Training Programs, Federal/State/Local Laws, General Employment Matters

EEOC’s Proposed Updates to Religious Discrimination Guidance Now Open for Public Comment

By Renee Sheyko on November 23, 2020

On November 9, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 3-2 to release a proposed update to Section 12 of the EEOC Compliance Manual addressing religious discrimination. Section…
Continue Reading EEOC’s Proposed Updates to Religious Discrimination Guidance Now Open for Public Comment

Posted in Religious Discrimination

Colorado’s CROWN Act Bans Natural Hair Discrimination

By Heidi K. Wilbur on November 13, 2020

Earlier this year, Colorado joined a growing list of states that have banned natural hair discrimination. Colorado’s CROWN Act (Creating a Respectful and Open World for Natural Hair Act)  went…
Continue Reading Colorado’s CROWN Act Bans Natural Hair Discrimination

Posted in Race Discrimination

House Passes Bill with Broader Requirements for Accommodating Pregnant Workers

By Jenny Fuller on November 7, 2020

On September 17, 2020, the U.S. House of Representatives passed a bill, called the Pregnant Workers Fairness Act (“PWFA”), which would require employers to make reasonable accommodations for pregnant workers.
Continue Reading House Passes Bill with Broader Requirements for Accommodating Pregnant Workers

Posted in General Employment Discrimination, Pregnancy Discrimination

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Voting Leave: Do You Know Your State’s Law?

By Brian McGinnis on October 30, 2020

It’s October 30th, only four days from Election Day 2020, meaning there’s still time remaining (albeit not very much) to read up on your state’s laws regarding voting leave from…
Continue Reading Voting Leave: Do You Know Your State’s Law?

Posted in Uncategorized

A Cautionary Tale about Same Race Discrimination

By Fox Rothschild LLP on October 20, 2020

A Black employee complains to Human Resources that her supervisor has directed racial slurs at her. The supervisor is Black too. Is this a defense to liability for the employer…
Continue Reading A Cautionary Tale about Same Race Discrimination

Posted in Harassment, Race Discrimination, Title VII

New EEOC Guidance Tackles Employee ADA Rights and Opioid Use

By Brian McGinnis on September 15, 2020

The EEOC has issued new guidance about the rights of employees under the Americans with Disabilities Act as it relates to an employee’s opioid use, addiction, or past addiction. The…
Continue Reading New EEOC Guidance Tackles Employee ADA Rights and Opioid Use

Posted in Americans with Disabilities Act (ADA)

July News from the EEOC

By Fox Rothschild LLP on July 22, 2020

July has brought the announcement of two six-month pilot programs touted by the EEOC for, it believes, expanding opportunities for parties to resolve Charges of Discrimination voluntarily through mediation and…
Continue Reading July News from the EEOC

Posted in Employment Litigation, General Employment Discrimination, U.S. Equal Employment Opportunity Commission (EEOC), Uncategorized

Philadelphia: Employees May Disclose, Refuse to Work in Unsafe COVID-19 Conditions

By Brian McGinnis on July 14, 2020

As many employers begin returning people to work, Philadelphia has passed an ordinance protecting employees who share safety concerns related to COVID-19.

The ordinance requires employers to comply with all…
Continue Reading Philadelphia: Employees May Disclose, Refuse to Work in Unsafe COVID-19 Conditions

Posted in General Employment Matters, Retaliation

Can You Fire An Employee for Bringing a Gun to Work?

By Fox Rothschild LLP on July 8, 2020

Can an employer fire an employee for bringing a gun to work?  The answer may depend on state law.

Many states have “guns-at-work” laws that require employers to allow employees…
Continue Reading Can You Fire An Employee for Bringing a Gun to Work?

Posted in Employee Termination

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