On May 3, 2017, a federal court in the southern district of New York denied a motion to dismiss an ex-employee’s sexual orientation discrimination and retaliation claim under Title VII of the Civil Rights Act of 1964. This decision is unusual in that it runs counter to long-running precedent established in the Second Circuit—governing Connecticut, New York, and Vermont—which previously stated that sex discrimination, including gender stereotyping, under Title VII does not include sexual orientation discrimination.
Georgia: New Kin Care Law; New Bill Protects On-Call Scheduling Practices
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July 1, 2017
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Governor Nathan Deal recently signed two bills affecting employers of Georgia employees. H.B. 243 is an employer-friendly bill addressing on-call scheduling practices, whereas S.B. 201 introduces kin care protections for employers that offer paid sick leave. Both will become effective on July 1, 2017.
Indiana: State Supreme Court Says Subcontractor’s Employees are Owed a “Duty of Care”
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April 26, 2017
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In the aftermath of Ryan v. TCI Architects/Engineers/Contractors, et al., Indiana employers should review their standard operating contracts and subcontracts to determine if they have an unexpected “duty of care” to workers of other entities. The Indiana Supreme Court’s ruling in this case determined that certain language in a general contractor’s form contract extended a duty of care to a sub-subcontractor, despite the general contractor’s arguments otherwise.
Missouri: State Human Rights Act Soon to be Amended
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Expected August 28, 2017
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On May 9, 2017, a bill seeking to amend the Missouri Human Rights Act (“MHRA”) passed the Missouri legislature and is now headed to Governor Greiten’s desk where it is expected to be signed into law. If enacted, Senate Bill 43 would implement significant changes to several employment regulations, and would go into effect on August 28, 2017. Highlights of these changes include:
Nevada: Workplace Protections, New Notice Requirements for Pregnancy-Related Conditions
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All Employers of 15+ NV Employees
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June 2, 2017 and October 1, 2017
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New York: Southern District of NY Allows Sexual Orientation Discrimination Claim to Proceed Under Title VII
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May 3, 2017
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On May 3, 2017, a federal court in the southern district of New York denied a motion to dismiss an ex-employee’s sexual orientation discrimination and retaliation claim under Title VII of the Civil Rights Act of 1964. This decision is unusual in that it runs counter to long-running precedent established in the Second Circuit—governing Connecticut, New York, and Vermont—which previously stated that sex discrimination, including gender stereotyping, under Title VII does not include sexual orientation discrimination.
Puerto Rico: Right to Religious Freedom Accommodations
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May 25, 2017
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Though the Labor Transformation and Flexibility Act (the “Act”) makes numerous changes to Puerto Rico employment laws, of note is the fact the Act provides employees a new, statutory right to request accommodations for the purpose of participating in religious activities. Effective May 25, 2017, employers will be required to reasonably accommodate an employee’s religious practice.
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West Virginia: Medical Marijuana is Here, but so is Greater Drug Testing Flexibility
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July 1 and 7, 2017
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(888) 378-2456
June Updates
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Varies
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Varies
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California Required Harassment Prevention Brochure Updated; New Guidance Issued
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May 2, 2017
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On May 2, 2017, the California Department of Fair Employment and Housing (“DFEH”) announced updated information related to workplace harassment.
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Ninth Circuit: Prior Salary History may be used to Justify Wage Differentials Between Men and Women
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All Employers with AK, AZ, CA, GU, HI,
ID, MT, NV, OR and WA Employees
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April 27, 2017
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Last week, the Ninth Circuit ruled on Rizo v. Yovino, a wage inequality claim brought under the federal Equal Pay Act. In reviewing this case, the Ninth Circuit affirmed a previous case, Kouba v. Allstate Insurance Co., and confirmed that prior salary history may be considered a “factor other than sex” for the purpose of justifying a wage differential.
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