Updated in relation to the Supreme Court ruling on LGBTQ+ rights.
This legal insight analyzes Supreme Court precedent on the Reasonable Factor Other Than Age Defense and a new EEOC rule that makes it harder for employers to establish the RFOA defense in a disparate impact discrimination claim under the ADEA.
California's Gender Nondiscrimination Act, AB 887, amends the California Fair Employment and Housing Act to add gender identity and gender expression as protected classes. This new law clarifies the terms "gender identity" and "gender expression" and protects transgender persons with respect to sex and gender.
Title VII of the Civil Rights Act of 1964 as well as myriad state and local laws prohibit employers from discriminating against employees and applicants on the basis of religion in all aspects of employment. This includes: hiring, termination, pay, promotions, benefits, job assignments or any other aspect of employment. In addition, Title VII and other antidiscrimination laws require an employer to offer a reasonable accommodation in order to resolve conflicts between an individual's sincerely held religious belief and a work rule or condition of employment, unless the accommodation would create an undue hardship for the employer.
Harassment claims are brought by employees on a daily basis and the resolution of such claims can be a very costly proposition to employers. This Legal Insight addresses some of the most common issues surrounding harassment law and provides a roadmap for employers to follow in order to understand and comply with harassment obligations.
The Pregnancy Discrimination Act prohibits an employer from discriminating against an employee on the basis of pregnancy in all aspects of employment. This includes: hiring, termination, pay, promotions, benefits, job assignments or any other aspect of employment. Pregnant women and new mother may also be entitled to leave under the Family and Medical Leave Act, while working mothers who breastfeed now have rights under the Fair Labor Standards Act.
In depth analysis of employment law relating to employee management.
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© 2022 LexisNexis Risk Solutions Group.