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In a matter of first impression, Pennsylvania’s Appellate Court issued a decision affirming a private right of action under Pennsylvania’s Medical Marijuana Act (“MMA”) and permitting a claim to proceed for wrongful discharge in violation of Pennsylvania public policy. The Appellate Court’s decision...

July 3, 2021 marked National CROWN Day – the second anniversary of when California became the first state to pass a CROWN law in July 2019. CROWN laws, or laws for "Creating a Respectful and Open Workplace for Natural Hair," are part of a nationwide effort seeking to "ensure protection against...

The Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document for “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity.” The document briefly explains the Supreme Court’s decision in Bostock v. Clayton County, Georgia, No...

The New Jersey Supreme Court issued a decision on June 8, 2021, holding that an adverse employment action is not a required element for a failure-to-accommodate claim under the New Jersey Law Against Discrimination (NJLAD) and these claims are not barred by the Worker’s Compensation Act (WCA). The...

When ruling on an academic medical center’s motion to dismiss, a federal district court recently held that Title IX may apply to academic medical centers if certain conditions are met. The court also went against the Fifth and Seventh Circuits, and instead joined the First, Third, Fourth, Sixth, and...

In 2015, Illinois became one of the first states to enact a “ban the box” law, preventing employers from inquiring about criminal histories on employment applications. The “ban the box” law followed a general prohibition in Illinois under the Illinois Human Rights Act (IHRA) on basing any employment...

On Tuesday, March 10th, the New Jersey Supreme Court issued its much anticipated decision in Wild v. Carriage Funeral Holdings, Inc., et al.,(A-91-18) (082836), affirming that a medical cannabis patient can assert a claim for employment discrimination under the New Jersey Law Against Discrimination...

Virginia and Colorado are now the fourth and fifth states, respectively, and Montgomery County, Maryland is the first local government to ban hair discrimination. The bans in all three jurisdictions clarify that discrimination based on a person's hairstyle or texture is a form of racial...

On February 18, 2020 Governor Phil Murphy announced new legislation aimed at amending New Jersey's Law Against Discrimination ("LAD") to set a new standard for businesses in New Jersey. The New Jersey Legislature has been quick to pass new laws aimed at providing greater protection to employees, and...

Employers recently received a favorable ruling when a federal district court in Wisconsin held that a retail store was not required to re-arrange shifts to accommodate an applicant’s religious beliefs. In Equal Employment Opportunity Commission v. Walmart Stores East LP and Walmart, Inc., the...

Following on the heels of a much publicized incident in high school athletics, the New Jersey Division of Rights ("DCR") issued enforcement guidance ("Guidance") clarifying and explaining discrimination based on hairstyles, "with a particular focus on hairstyles closely associated with Black people...

In December 2018 the New York City Council passed legislation adding "sexual and reproductive health decisions" to the list of protected classes under the City’s Human Rights Law. As NYC employers are already aware, the New York City Human Rights Law is the primary local law in NYC protecting...

Does your parental leave or "bonding time" policy provide more time off to one gender over the other following the birth or adoption of a child? If so, it is time to revisit the policy as the Equal Employment Opportunity Commission ("EEOC")--the federal agency tasked with enforcing workplace anti...

The U.S. Supreme Court recently issued a decision limiting the time in which employers can raise certain defenses to claims brought under Title VII. In Fort Bend County, Texas v. Davis, the plaintiff, Lois Davis, was an employee of Fort Bend County, Texas. In 2010, she filed an EEOC charge against...

WHAT HAPPENED: Earlier this month the U.S. Court of Appeals for the DC Circuit released an important decision that articulates the substantive burden an employer faces to defend against an allegation of disparate treatment discrimination. The case, Figueroa v. Pompeo, articulates a more stringent...

A federal judge in the Eastern District of Pennsylvania dismissed a lawsuit last week where a former employee alleged that she was fired because she was a lesbian, in violation of Title VII of the Civil Rights Act. The judge dismissed the case by upholding Third Circuit precedent (to which...

Over a year after its initial introduction, and after enough time to draw speculation (and perhaps some dust) on Governor Murphy’s desk, the Governor has signed Bill S121 into law. The primary function of the law, which passed the Senate in June of 2018 with a near-unanimous 34-1 vote, is to...

The Fourth Circuit put employers on notice in a recent ruling that emphasizes the importance of training supervisors to identify and properly handle gender-based rumors that can lead to hostile work environment claims. In Parker v. Reema Consulting Services, the Fourth Circuit permitted a plaintiff...

On Thursday, February 14, 2018, lawmakers introduced a bipartisan bill that would make it easier for workers to bring discrimination claims under the Age Discrimination in Employment Act ("ADEA"), the federal statute that prohibits employment discrimination based on age. H.R. 1230/S. 485, entitled...

On April 28, 2018 New Jersey Governor signed the Diane B. Allen Equal Pay Act into law. The Equal Pay Act amends New Jersey’s existing Law Against Discrimination (referred to as "LAD") by requiring equal pay across all protected classes. The law became effective on July 1, 2018. According to Judge...

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