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Vermont: New Bill Embraces Gender-Neutral, Single-User Bathrooms

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July 1, 2018

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On May 11, 2018, Governor Phil Scott signed H.333 into law.  This bill requires all single-user bathrooms in public buildings or places of public accommodation to be marked as gender-neutral.  It does not apply to any bathroom facilities for more than one user.

The bill requires a single-user toilet to be identified with a sign that indicates the facility as a restroom and does not indicate any specific gender.

Earlier last year, the Trump administration withdrew Obama-era protections for transgender students in public schools.  While some states have enacted so-called “bathroom bills” requiring individuals to use restrooms consistent with their gender at birth, Vermont joins California in recognizing gender identity issues by mandating single-user bathrooms to be marked as gender-neutral.

Action Items

  1. Replace signage on any single-user restrooms accessible to the general public by July 1, 2018.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

Sixth Circuit: Transgender and Transitioning Status Discrimination Prohibited Under Title VII

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March 7, 2018

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On March 7, 2018, the Sixth Circuit Court of Appeals became the first federal appeals court to state that transgender and transitioning employees are protected under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on specific protected categories.  Further, the circuit court stated that “sincerely held religious beliefs” do not shield employers from Title VII discrimination claims.

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November Updates

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This Short List addresses the following topics:
  1. U.S. DOJ Reverses Obama-Era Stance on Transgender Workplace Protections
  2. IRS Releases 2017 Reporting Forms
  3. California: Bill Signed to Promote Fairness in Prop 65 Litigation
  4. New York: NYDOL Issues Emergency Regulation on In-Home Residential Care Worker Compensation
  5. New York City: City Issues Guidance on Salary Inquiry Prohibitions

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California: Adds New Workplace Protections for Transgender Individuals

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July 1, 2017

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California continues to lead the nation in offering protections for transgender individuals.  On July 1, 2017, a new set of regulations expanding existing protections under the Fair Employment and Housing Act (“FEHA”) go into effect, addressing an individual’s right to gender expression, equal access to facilities, and more.

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May Updates

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This HR Alert addresses the following topics:
  1. H-1B Visa Petition Cap Reached; New Program Focuses on Targeting H-1B Fraud
  2. OSHA Delays Effective Date of Final Rule on Beryllium Exposure Again
  3. Updated Pay Transparency Poster for Federal Contractors
  4. California: Wage Orders Have Been Updated and Must be Posted by Employers
  5. Connecticut: Restaurants Cannot Use Tip Credits for Delivery Drivers
  6. North Carolina: Controversial “Bathroom Bill” Repealed, New Bill Introduced
  7. New York: 24-Hour, Non-Residential Home Care Workers Must be Paid for All 24 Hours
  8. New York City, NY: Inquiries into Prior Salary History Prohibited for City Agencies
  9. REMINDER: Washington, DC’s Universal Paid Leave Act Became Effective on April 7, 2017

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March Updates

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This HR Alert addresses the following topics:
  1. REMINDER: California All-Gender Restroom Signs Effective March 1, 2017
  2. Missouri Becomes a Right-to-Work State on August 28, 2017
  3. New Mexico: Minimum Wage in Certain Cities Increased March 1, 2017

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October Updates

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This HR Alert addresses the following topics:
  1. New Process Speeds up Federal Whistleblower Complaints in the West
  2. EEOC Issues Guidance on Retaliation and Related Issues
  3. Eighth Circuit: Extension on FMLA Leave is not a Reasonable ADA Accommodation
  4. California: Court of Appeals Comments Again on “Associational” Disability Discrimination
  5. California: Continuing to Lead the Nation in Inclusive Restroom Laws
  6. California: Vehicle Code Amended to Re-Address Electronic Devices While Driving
  7. Berkeley, CA: Minimum Wage Increased October 1, 2016
  8. Morristown, NJ: Paid Sick Time Law Passed (and then Delayed)

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September Updates

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This HR Alert addresses the following topics:
  1. Prior Use of an Invalid Social Security Number Leads to Million Dollar Verdict
  2. 2016 EEO-1 Filing is Due September 30
  3. Ninth Circuit: New Remedy Available for Public Employees Making Age Discrimination Claim
  4. California: Employees/Volunteers at Day Care Centers Now Required to be Immunized
  5. San Diego, California: REMINDER – Amendments to Paid Sick Leave Are In Effect
  6. San Mateo, California: Minimum Wage Increases on January 1, 2017
  7. Colorado: Pregnant Workers Fairness Act Poster Now Available
  8. Illinois: Non-Compete Agreements for “Low-Wage Employees” are “Illegal and Void” in 2017
  9. Louisiana: New Poster for Hospitality Employers Required August 1, 2016
  10. New Orleans, LA: City Contractors Prohibited From Conducting Credit Checks
  11. Nevada: Overly Broad Non-Compete Agreements are Wholly Unenforceable
  12. Cleveland, Ohio: Transgender Individuals Must Have Access to Facilities Consistent with their Gender Identity

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Massachusetts Significantly Boosts Pay Equity Laws and Requires Transgender Accommodations

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Governor Charlie Baker recently signed two bills that will significantly impact employer responsibilities: The Act to Establish Pay Equity, which boosts practices intended to close the gender wage gap, and the transgender public accommodations bill, which prohibits discriminatory advertising on the basis of gender identity and discrimination against transgender individuals in places of public accommodation.

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August Updates

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This HR Alert addresses the following topics:
  1. Legislation Aimed to Ease the Upcoming Federal Overtime Exemption Regulations
  2. OSHA Posting Requirement Extended to November 1, 2016
  3. Department of Labor Increases Civil Penalties for Violations of Law
  4. IRS Clarifies Tax Treatment of Wellness Reimbursements and Incentives
  5. EEOC Updates Equal Pay Data Rule, Requires More Detailed EEO-1 Reporting for 2017
  6. California: Public Works Contractors and Subcontractors Must Submit Certified Payroll Records Again
  7. District of Columbia: Guide Regarding Transgender Workers Published
  8. Nevada: REMINDER – Workplace Posters Changed July 1, 2016
  9. New Jersey: “Marital Status” Refers to All Types of Marital Status
  10. New York City, New York: Single-Occupant Restrooms Must be Labeled Gender-Neutral

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