New York Overhauls Discrimination and Harassment Laws in Second #MeToo Wave
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5th Circuit Agrees: Availability of Class Arbitration is “Gateway Issue” for the Courts
DFEH Files Enforcement Action For Riot Games’ Alleged Refusal To Cooperate In Systemic Discrimination Investigation
Supreme Court Holds That Agreements to Class Arbitration Must Be Explicit
In a 5-4 decision, the U.S. Supreme Court slammed the door shut on class arbitration unless specifically authorized by the parties. The decision, Lamps Plus, Inc. v. Varela, reaffirmed the Court’s prior precedent that arbitration is a matter of consent, and that “[s]ilence is not enough” to infer consent to class arbitration. …
Supreme Court To Decide Whether Title VII Protects Sexual Orientation and Gender Identity
After languishing on the docket for almost a year, the United States Supreme Court agreed today to hear three cases concerning the scope of Title VII’s protections for LGBT employees. The Court is now set to decide two separate, but related questions: (1) whether Title VII protects against discrimination on the basis of sexual orientation; and (2) whether Title VII protects against discrimination on the basis of transgendered status.
As we previously reported here,…
New York City Anti-Sexual Harassment Training Law Takes Effect on April 1, 2019
Today, New York City’s anti-sexual harassment training law goes into effect. Under the new law, private employers must provide annual “interactive” sexual harassment training to their entire workforce, including some independent contractors and part-time employees. The NYC law is similar—but not identical—to a recently enacted New York state law mandating sexual harassment training.
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EEO-1 Pay Data Revived By DC Federal Court
Employers breathed a collective sigh of relief in August 2017, when the Office of Management and Budget (OMB) announced it was staying the requirement that employers report W-2 wage information in the annual EEO-1 Report. Now, though, the reprieve seems over. On March 4, 2019, the District of Columbia Federal Court ruled that OMB improperly issued the stay without good cause, and put the wage report back into effect. See National Women’s Law Center v …
Supreme Court Vacates Deceased Judge’s Key EPA Decision
SCOTUS Rejects Employer’s Attempt to Compel Arbitration of Independent Contractor’s Class Claim
In a rare win for plaintiffs seeking to avoid arbitration, the U.S. Supreme Court rejected a trucking company’s attempt to compel arbitration in a driver’s proposed minimum wage class action. The Court held that the Federal Arbitration Act’s exemption for interstate transportation workers applies not only to employees, but also to those classified as independent contractors.…
Supreme Court Extends ADEA Coverage to Small State and Local Government Employers
The U.S. Supreme Court held yesterday that the Age Discrimination in Employment Act (ADEA) applies to state and local government employers, regardless of their size. In doing so, the Court unanimously adopted the Ninth Circuit’s reading of the statute when four other Circuits held the opposing position.…