Entering a relatively new frontier in employment discrimination law, the Maryland legislature has passed legislation restricting employers’ use of facial recognition technology in the hiring process. The bill becomes effective on October 1, 2020.
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Supreme Court: LGBTQ Employees Protected
In an historic decision, the Supreme Court ruled 6-3 last week that Title VII’s prohibition on employment discrimination protects employees on the basis of sexual orientation and gender identity. In doing so, the Court held that discrimination based on sexual
What Employers Should Know about COVID-19 and the ADA
COVID-19 has changed workplaces across the country. The virus’s status as a pandemic has given employers more tools to protect employees from the risks of infection at work. While the ADA normally restricts employers from making medical inquiries to employees
EEOC Suspends Issuing Case Closure Documents Unless Requested
The COVID-19 pandemic has caused the U.S. Equal Employment Opportunity Commission (EEOC) to announce that it has temporarily suspended issuing case closure documents, such as right-to-sue notices, unless requested by the claimant.
Nothing in the EEOC’s announcement precludes claimants from
NJ Issues Report, Recommendations on Stopping Sexual Harassment
The New Jersey Division of Civil Rights has issued a report on sexual harassment, but what does it mean for workplaces in the state?
The report comes as a result of three public hearings held in 2019 by the Division
For Employers Facing a Discrimination Claim, Being Wrong Can Also Mean Being Right (or, at Least, Being Nondiscriminatory).
What happens if an employer takes adverse action against an employee based on a legitimate, nondiscriminatory reason that later turns out to be wrong? Suppose, for example, an employer fires an employee based on a genuine belief that the employee
Appeals Court Rejects Disability Discrimination Claim of Employee with Supervisor-Induced Stress and Migraines
When an employee requests an accommodation or asserts a claim under the Americans with Disabilities Act, an employer’s second question—right after “Are we even covered by the ADA?”—will likely be: “Did/does the employee have a disability?” (Claims from employees who
Is “OK, Boomer” OK?
In January, Supreme Court Chief Justice John Roberts drew considerable media attention by asking, during the oral argument of an age discrimination case, Babb v. Wilkie, a question about the relevance of the phrase “OK, Boomer.” A Google search
Virginia: the Next State to Protect LGBTQ Employees from Discrimination?
If you’re a regular reader of our blog, you probably know that the question of whether federal law prohibits employment discrimination against employees on the basis of their sexual orientation or gender identity remains open, which the Supreme Court may
New Jersey Bans Natural Hair Discrimination
In December, 2019, New Jersey enacted the Create a Respectful and Open Workspace for Natural Hair Act, or the CROWN Act. The CROWN act amends the New Jersey Law Against Discrimination (LAD) to state that “race,” as defined by the