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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 29
  • October
  • 2019

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One Agency in Washington is Definitely on the Job

If your company is a federal contractor, do not assume that the current administration is uninterested in enforcing discrimination laws. In fact, the Office of Federal Contract Compliance Programs (OFCCP) has collected record amounts from government contractor employers during the Trump administration. That is why, though changes to a complaint form would not usually catch our attention, this one does.

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  • 24
  • October
  • 2019

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California Criminalizes Arbitration Agreements

On October 10, 2019, California Governor Gavin Newsom signed a law that prohibits employers from requiring any applicant or employee “waive any right, forum or procedure for a violation of any provision of the California Fair Employment and Housing Act.” Violation of the new law is a misdemeanor. The law applies to any arbitration agreements that are entered into after January 1, 2020. The law does not apply to post-dispute settlement agreements, to negotiated severance agreements or to employees registered with self-regulatory organizations under the Securities Exchange Act.

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  • 15
  • October
  • 2019

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Reading the Gay Tea Leaves at the Supreme Court

Last Tuesday, the Supreme Court heard oral arguments on the first LGBTQ rights cases to be heard by the Court since the 2015 gay marriage case. The issue raised by two of the cases heard this week was whether discrimination against an employee because of sexual orientation constitutes discrimination “because of … sex” within the meaning of Title VII. The third case raised the issue of whether Title VII prohibits discrimination against transgender people.

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  • 15
  • August
  • 2019

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Does Fifth Circuit Ruling Allow Employers to Discriminate Against Ex-Felons?

In 2012, the EEOC issued guidance stating that blanket bans on hiring employees with criminal records disproportionately impact minorities and instructing employers to ensure that their hiring policies link specific criminal conduct to the risks inherent to a particular position. The State of Texas challenged that guidance on the grounds that it should be allowed to categorically exclude felons from certain categories of public jobs and the District Court enjoined the EEOC from enforcing its guidance.

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Has New York Become the New California for Employment Law?

In the last year, the Empire State has begun to give the Golden State some serious competition for being the most pro-employee state in the Union. Earlier this summer, for example, I wrote about New York’s new laws to address harassment in the workplace. Last week, Governor Cuomo signed two additional bills that expanded New York’s equal pay law.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner