Employment Discrimination

The Delaware Department of Labor has updated the state’s mandatory Employment Discrimination posting. As previously shared in our blog, Delaware passed new employment discrimination laws that would affect the Employment Discrimination posting. The first new law (H.B. 316) makes it unlawful for an employer to discriminate against an employee because of a reproductive health decision. Read more

The Delaware Department of Labor has released a revised Employment Discrimination posting. The Employment Discrimination posting generally describes the different classes protected from employment discrimination under the Delaware Code. The revised posting includes a new time limit for filing a discrimination complaint. Employees have 300 days to file a charge of discrimination with the Delaware Read more

In a landmark ruling, the 11th Circuit Court of Appeals has held in the case of Villarreal v. R.J. Reynolds Tobacco Co. that the “disparate impact” provision of the Age Discrimination in Employment Act (ADEA) applies only to employees, not to job applicants. The ADEA prohibits employment discrimination against those who are aged 40 years Read more

On April 18, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (Bill S 3). The law, which took effect May 18, 2016, legalizes prescription and use of medical marijuana by individuals with a serious condition. A “serious medical condition” is defined as any of the following: Cancer Positive status for human immunodeficiency virus Read more

Caregivers in the city of New York will soon be protected employees under the New York City Human Rights Law. Starting May 4, 2016, employees with four or more employees are prohibited to discriminate based on an individual’s actual or perceived status as a caregiver. Employers cannot refuse to hire, reject, exclude, terminate, demote, refuse Read more

The state of Utah may be the next state to enact a law requiring employers to provide reasonable accommodations for employees whose ability to perform their job functions is limited by pregnancy, childbirth, and related conditions. Bill S.B. 59 is currently awaiting the governor’s signature. If passed, employers with 15 or more employees working within Read more

The New York Breastfeeding Mothers’ Bill of Rights has been recently amended as a result of enacted Bill NY A 7202. The law, which became effective January 1, 2016, provides additional rights to breastfeeding mothers in the workplace. Mothers now have the right to take reasonable unpaid breaks at work so they can pump breast milk Read more

Philadelphia’s Fair Criminal Records Screening Standards Ordinance also known as Ban the Box law was first enacted in July, 2011. Under the law, employers with 10 or more employees are prohibited from inquiring about criminal convictions during the employment application process and in the first interview. Employers are prohibited from making personnel decisions based on Read more

New Jersey employers are highly encouraged to adopt well-defined anti-discrimination and anti-harassment policies if they want to protect themselves from discrimination and harassment claims. A New Jersey Supreme Court has recently decided in Dunkley v. S. Coraluzzo Petroleum Transporters that employers may assert an affirmative defense if they maintained an anti-discrimination and anti-harassment policy, and Read more