On July 27, 2021, Pittsburgh Mayor Bill Peduto signed Section 626B of the City of Pittsburgh Code—also known as the Temporary COVID-19 Paid Sick Leave Ordinance. Under the Ordinance, employers with over 50 employees must provide up to 80 hours
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Iowa Supreme Court: City’s “Ban the Box” Ordinance Is Preempted by State Law, But Not Entirely
The Iowa Supreme Court has ruled that Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions. Other aspects of the ordinance, however, remain legal and enforceable. The case…
Parties, Start Your Engines: Snap Removals and Defeating Incomplete Diversity
In what is known as a “snap” removal, a non-resident defendant may be able to remove a state court case to federal court based on diversity jurisdiction, despite resident defendant(s) being named in the suit. To effect a snap removal,…
California Supreme Court Holds Statute of Limitations on Failure to Promote Claims Runs When Employee Knows or Reasonably Should Know They Were Denied Promotion
When does the statute of limitations period begin to run on a harassment claim? The California Supreme Court has ruled in Pollock v. Tri-Modal Distribution Services, Inc. that the time to file a cause of action for failure to promote…
Iowa Supreme Court Reverses $1.5 Million Verdict Against Former Governor in Sexual Orientation Discrimination Suit
After nearly a decade of litigation, in Godrey v. State of Iowa et al, Case No. 19-1954 (June 30, 2021), the Iowa Supreme Court reversed a jury verdict granting $1.5 million in damages and $3.1 million in attorneys’ fees to…
Supreme Court: Philadelphia Ordinance Unconstitutionally Burdened Religious Exercise
The U.S. Supreme Court has found that Philadelphia’s ordinance requiring a private foster care agency to certify same-sex couples as foster parents burdened the agency’s religious exercise in violation of the Free Exercise Clause of the First Amendment. Fulton…
EEOC Hosts Virtual Hearing on Civil Rights Implications of COVID-19 Pandemic in the Workplace
In its first all-virtual/remote video-cast hearing, the Equal Employment Opportunity Commission (EEOC) discussed workplace civil rights implications of the COVID-19 pandemic for employees and employers. (Transcript of the April 28, 2021 hearing is available here.) During the hearing, Chairwoman…
Ninth Circuit Upholds Arbitration for Non-Signatory Defendant
California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory…
Seventh Circuit Upholds High Bar for Plaintiffs Filing Retaliation Claims
The Seventh Circuit Court of Appeals recently reaffirmed employers’ rights under Title VII to make merit-based hiring decisions, even when it means rejecting a candidate who recently raised a meritorious claim of discrimination.
In Robertson v. Wisconsin Department of Health…
Balancing Public Employees’ Religious Rights with the Establishment Clause
When it comes to striking a balance between the religious rights of government employees and the government’s duty to avoid Establishment Clause violations, “context matters.”
In Kennedy v. Bremerton School District, 991 F.3d 1004 (9th Cir. 2021), the Ninth Circuit…