What is the Title VII New Harm Standard? As any good employer knows, Title VII of the Civil Rights Act prohibits discrimination in employment based on race, color, religion, sex, national origin, and other protected classes. When an individual brings a claim alleging violation of Title VII, there is a standard of proof that the […]
Many employers are familiar with federal discrimination laws such as Title VII of the Civil Rights Act. However, some employers may be unaware that there are specific state and federal laws that directly focus on pregnancy discrimination. Every year the Equal Employment Opportunity Commission (“EEOC”) receives thousands of charges related to pregnancy discrimination in the […]
Under the Americans with Disabilities Act (ADA) asking disability-related questions or requiring medical examinations, regardless of how the information is used, can be the basis for a claim or lawsuit. EEOC guidance has defined a disability-related question as one that is likely to elicit information about a disability. Both questions directly about disability, and those […]
The Equal Employment Opportunity Commission (EEOC) recently issued technical guidance regarding discrimination based on sexual orientation or gender identity. The technical guidance clarifies existing law regarding sex-based discrimination in light of the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. _____ (2020). In addition to explaining the Bostock decision, the technical guidance addresses […]
Each year the Equal Employment Opportunities Commission (EEOC) releases detailed statistics on the charges filed with its office. On February 26th, the EEOC released its statistics for fiscal year 2020, which ran from October 2019 through September 2020. Again, retaliation was the most frequently cited claim in charges filed with the EEOC. In 2020, retaliation […]
November 29, 2020 | Category:
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Pay EquityAlthough President Trump has not formally conceded the presidential race against democratic challenger Joe Biden and continues contest the election results, it is important for Nevada employers to be aware of what changes may occur during a Biden administration. It is anticipated that the approach of Biden will likely resemble that of former President Barack […]
2020 has many of us in a charged emotional state. Between the pandemic, civil unrest, and economic troubles, it is difficult to identify how we feel sometimes. Now, more than ever, we have an opportunity to educate our staff when it comes to inclusive behavior. Different backgrounds, religions, morals, ethics, and values all come into […]
“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Justice Neil Gorsuch wrote for the United States Supreme Court. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.” An […]
As we all adjust to the new “normal” at home and at the workplace (or for some people their home turning into the workplace) it is important to remember that while the workplace may be disjointed, proper workplace conduct must still be followed. On April 9, 2020 the Equal Employment Opportunity Commission issued “What You […]
Every so often, we will receive a call from a concerned employer about a notice they received from the either the Nevada Equal Rights Commission (NERC) or the Equal Employment Opportunity Commission (EEOC). Unfortunately, the notice they received often informs the employer that a Charge of Discrimination has been filed against them by either a […]
