Discrimination

Expert Analysis

• Yale Deal Shows Pitfalls Of Penalty-Based Wellness Programs

  

  Yale University’s recent settlement with workers who accused the school of violating anti-discrimination laws with its health expectation program highlights the risks associated with penalty- and incentive-based employer wellness programs, which may not be alleviated until the U.S. Equal Employment Opportunity Commission issues clarifying regulations, says Chad DeGroot at Laner Muchin.

• Compliance Reminders For Workplace St. Patrick's Day Fun

  

  As many employees head back to the office following two years of working remotely, companies aiming to boost morale with St. Patrick’s Day celebrations this week should share reminders about appropriate workplace attire and behavior, harassment reporting, and sick leave entitlements to foster a safe environment and protect against litigation, say Keith Markel and John Fulfree at Morrison Cohen.

• ABA's New Anti-Bias Curriculum Rule Is Insufficient

  

  The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

• New Harassment Arbitration Ban Is Complicated In Practice

  

  Though a new law prohibiting mandatory arbitration of workplace sexual harassment claims appears straightforward, its application may be uncertain if a complaint asserts additional claims, so employers should consider several ways of structuring their arbitration programs moving forward, says Jonathan Wetchler at Duane Morris.

• Law Curbing Sexual Harassment Arbitration Is Not Enough

  

  A recently enacted law that bans forced arbitration of workplace sexual assault and harassment claims is an important step for protecting American workers, but it falls short by failing to extend the prohibition to all employment-related disputes, say Kalpana Kotagal and Brendan Schneiderman at Cohen Milstein.

• Navigating Return Of Calif. COVID-19 Supplemental Sick Leave

  

  California employers must understand key similarities and important differences between a new law recently signed by Gov. Gavin Newsom that restores COVID-19-related benefits and the 2021 version of the legislation, and they should take several immediate steps to ensure compliance, say Sara Abarbanel and Krista Cabrera at Foley & Lardner.

• Employer's Agenda: Allied Universal Counsel Talks Synergy

  

  Compliance with continually evolving local, state and federal employment laws has become a central focus for in-house legal teams, which means regular communication and collaboration with departments like human resources, finance, IT and field operations are essential, says Deborah Pecci, global employment and litigation counsel at Allied Universal.

• Employers Can't Hide Behind Inept Anti-Harassment Training

  

  Once a recently passed act banning forced arbitration for workplace sexual harassment claims becomes law, employers will likely rely more heavily on trainings as a shield against liability, but this defense should be reserved for those using sincere, effective programs that address the root causes of harassment, says Lindsay Marum at Sanford Heisler.

• Judge Jackson's Employment Rulings Embody Pragmatism

  

  U.S. Supreme Court nominee Judge Ketanji Brown Jackson’s body of work on employment and labor law issues as a district court judge suggests she would defy stereotypical political descriptions and offer nuanced, pragmatic opinions if confirmed to the high court, say Stephanie Adler-Paindiris and Stephanie Lewis at Jackson Lewis.

• What To Expect From High Court's Key FAA Cases This Term

  

  Ahead of upcoming arguments in three U.S. Supreme Court cases concerning the Federal Arbitration Act, Mark Savignac at Steptoe & Johnson examines the eventual rulings’ potential implications for companies that rely on arbitration agreements, and offers considerations for practitioners seeking to enforce such contracts.

• Settling Bias Claims: Q&A With Dorf & Nelson's David Warner

  Excerpt from Practical Guidance

  

  Dorf & Nelson labor and employment department co-chair David Warner answers questions from Elias Kahn at LexisNexis about trends in executing settlement and severance agreements for employment discrimination, harassment and retaliation claims.

• NYC Employers May Want To Revisit Vax Exemption Policies

  

  In light of a lawsuit recently filed in New York federal court that challenges the religious exemption guidance for New York City’s indoor activity COVID-19 vaccine requirements — which is similar to the employer vaccine mandate guidance — companies should examine worker accommodation request protocols to mitigate litigation risks, say Kelly Cardin and Jessica Schild at Ogletree.

• 2 High Court Cases That Can Alter Arbitration Playing Field

  

  Two matters currently pending before the U.S. Supreme Court — Badgerow v. Walters and Morgan v. Sundance — could significantly affect employment and business contracts that contain arbitration clauses, and attorneys will be well-advised to study not only the disposition of the cases but the specific reasoning of the court, say attorneys at Porter Wright.