Nonbinary Employees: Invisible on Many EEO-1 Forms

​There are many reasons why employers may choose not to report their nonbinary employees on the EEO-1 form, which is due Dec. 5. These reasons include—according to Denise Visconti, an attorney with... Read more »

New York Curtails Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

​On Nov. 17, New York Gov. Kathy Hochul signed into law Senate Bill 4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included... Read more »

Defamation Claim by Driver Fired on Suspicion of Theft Fails to Prove Malice

​Takeaway: This case underscores the need to keep any suspicions of employee misconduct confidential. Such suspicions, no matter how well-founded, should be communicated only in good faith on a limited basis to... Read more »

New California Law Makes It Easier for Employees to Establish Retaliation Claims

​California Gov. Gavin Newsom recently signed into law the Equal Pay and Anti-Retaliation Protection Act. The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption... Read more »

Timing Critical in Discrimination, Retaliation Claims

​Takeaway: Suspicious timing can be an essential element of a discrimination or retaliation claim, but the temporal proximity of an equal employment opportunity protected activity and a materially adverse employment action does... Read more »

Public Employee Had No Due Process Rights Before Discharge

​Takeaway: While public employees often have an entitlement to continued employment under federal law and thus must receive due process protections before discharge, that is not always the case. Depending on state... Read more »

Allegations of Leering, One Unwanted Hug Insufficient to Establish Sexual Harassment

​Takeaway: An employee’s allegations that her supervisor leered at her, hugged her once, and made one comment about internet pornography sites that made her uncomfortable were not sufficient to legally establish sexual... Read more »

EEOC Chair Burrows Reconfirmed

The U.S. Senate confirmed Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows for a third five-year term on Nov. 8, preserving the commission’s… Read more »

Whistleblower Claims Fail Where Employer Fired Worker for Performance

​Takeaway: An employee could not proceed with his whistleblower claims where the employer’s undisputed evidence showed that the employee, who was fired after he complained to HR about the conduct of a... Read more »

Court Finds Employer Had Legitimate Reason to Fire Nurse Who Complained of Discrimination

​A nurse recently lost her racial discrimination and retaliation case against a medical center in Huntsville, Ala., which claimed she was legally fired for unprofessional conduct. On Oct. 27, the 11th U.S.... Read more »
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