Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Handout for Session II - Avoiding Discrimination Claims
Hot topics in employment law SHRM presentation April 8, 2015Polsinelli PC
Did you know that pregnancy discrimination is one of the EEOC's top 5 areas of focus? Learn more about this topic along with information around disability, transgender/gender identity and sexual orientation, wellness programs and obesity as it relates to the law.
Erin Schilling provides advice, counsel, and peace of mind so that employers can focus on what they do best – operating their business. Erin provides counsel to clients on a variety of employment issues including retaliation, leave issues and discrimination including age, race, disability, religion, national origin, and sex discrimination.
Topics include the following:
- issues related to COVID-19 in the workplace, including paid leave rights and benefits, return to work standards, and work-from-home arrangements
- Supreme Court decisions on sexual orientation discrimination, Age Discrimination in Employment Act and Equal Pay Act
- new regulations under the Fair Labor Standards Act
- expansion of employee rights and employer obligations under Illinois Law
- upcoming anti-harassment training deadline
- legal requirements taking effect in the second half of 2020 and in January 2021
- the impact of a California court’s decision regarding gig workers
- and more…
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Handout for Session II - Avoiding Discrimination Claims
Hot topics in employment law SHRM presentation April 8, 2015Polsinelli PC
Did you know that pregnancy discrimination is one of the EEOC's top 5 areas of focus? Learn more about this topic along with information around disability, transgender/gender identity and sexual orientation, wellness programs and obesity as it relates to the law.
Erin Schilling provides advice, counsel, and peace of mind so that employers can focus on what they do best – operating their business. Erin provides counsel to clients on a variety of employment issues including retaliation, leave issues and discrimination including age, race, disability, religion, national origin, and sex discrimination.
Topics include the following:
- issues related to COVID-19 in the workplace, including paid leave rights and benefits, return to work standards, and work-from-home arrangements
- Supreme Court decisions on sexual orientation discrimination, Age Discrimination in Employment Act and Equal Pay Act
- new regulations under the Fair Labor Standards Act
- expansion of employee rights and employer obligations under Illinois Law
- upcoming anti-harassment training deadline
- legal requirements taking effect in the second half of 2020 and in January 2021
- the impact of a California court’s decision regarding gig workers
- and more…
This program will cover the hottest topics in labor and employment law for 2015, including EEOC’s strategic initiatives, recent wage and hour developments, the NLRB’s encroachment into the non-union workplace, policy issues to consider in the year ahead, continuing questions about social media challenges, and more. This program will be a fast-paced look at these and various other trends that will impact employers this year and beyond, and will be aimed at enabling participants to get ahead of the curve to identify potential risks within their organizations.
• Goals for this webinar - Agenda
• Agency Update
• EEOC Strategic Initiatives
• Medical Issues in the Workplace
• Wage and Hour Developments
• The NLRB in Your Workplace
• Social Media Challenges
• Unemployment
• Reminders and Next Steps
2008 Hot Topics in Labor & Employment Lawptcollins
New Jersey Paid Family Leave Act, Keith McDonald
Potpourri of Employee Privacy Issues, Karen Thompson
Electronic Discovery 2008: Coming to a HR Department Near You, Fernando Pinguelo
Emergent Tax Issues in Employment Law, Charles Bruder
Developments in Harassment Law, David Cassidy
Family and Medical Leave Act, Proposed Regulations Changes, Pat Collins
Employers in Utah can fire their employees for any reason or no reason at all. There are limitations to this rule - you can't fire an employee, for example, based on race, gender, religion, or age, or if doing so would breach a contract. You also can't fire an employee if doing so would violate "public policy." This presentation walks through this third limitation on Utah's at-will doctrine, its scope and its pitfalls, and the ways to potentially avoid its traps.
Training Progam I delivered for a Pennsylvania Employer in 2013. Info should be closely checked to ensure it is in line with your company policies as well as home state laws and regs.
This program will cover the hottest topics in labor and employment law for 2015, including EEOC’s strategic initiatives, recent wage and hour developments, the NLRB’s encroachment into the non-union workplace, policy issues to consider in the year ahead, continuing questions about social media challenges, and more. This program will be a fast-paced look at these and various other trends that will impact employers this year and beyond, and will be aimed at enabling participants to get ahead of the curve to identify potential risks within their organizations.
• Goals for this webinar - Agenda
• Agency Update
• EEOC Strategic Initiatives
• Medical Issues in the Workplace
• Wage and Hour Developments
• The NLRB in Your Workplace
• Social Media Challenges
• Unemployment
• Reminders and Next Steps
2008 Hot Topics in Labor & Employment Lawptcollins
New Jersey Paid Family Leave Act, Keith McDonald
Potpourri of Employee Privacy Issues, Karen Thompson
Electronic Discovery 2008: Coming to a HR Department Near You, Fernando Pinguelo
Emergent Tax Issues in Employment Law, Charles Bruder
Developments in Harassment Law, David Cassidy
Family and Medical Leave Act, Proposed Regulations Changes, Pat Collins
Employers in Utah can fire their employees for any reason or no reason at all. There are limitations to this rule - you can't fire an employee, for example, based on race, gender, religion, or age, or if doing so would breach a contract. You also can't fire an employee if doing so would violate "public policy." This presentation walks through this third limitation on Utah's at-will doctrine, its scope and its pitfalls, and the ways to potentially avoid its traps.
Training Progam I delivered for a Pennsylvania Employer in 2013. Info should be closely checked to ensure it is in line with your company policies as well as home state laws and regs.
XXXI Festival Comarcal de Bandes de Música de La Costera – Canals 2015Coneixer Canals
L’edició d’aquest any estarà organitzada per l’Associació Musical Canalense. Es durà a terme en quatre sessions al llarg de dos caps de setmana del proper mes d’octubre. Tindrà lloc els dies 3, 4, 10 i 11 d’octubre al Centre Cultural Calixte III de Canals.
It's a good news/bad news story: The nation's birth rate has rebounded after a drop that followed the 2008 financial crisis. The bad news is pregnancy discrimination charges are also on the rise. This is a touchy area and one that employers need to keep a close eye on. This article describes new standards that clarify what's discriminatory, and what isn't.
Decision to Breastfeed a “Personal Choice”, which Need Not be Accommodated: F...Sean Bawden
The Canadian Federal Court of Appeal upheld the decision that the employee’s decision to breastfeed her child was a “personal choice”, holding specifically at paragraph 35 of its reasons for decision that, “Breastfeeding during working hours is not a legal obligation towards the child under her care. It is a personal choice.”
Pregnancy discrimination in the workplace is illegal, but it still happens. That's why the Equal Employment Opportunity Commission continues to initiate litigation on behalf of victims of pregnancy discrimination. In one of the latest examples, the Commission has filed a lawsuit in the interest of a pregnant woman who was forced to take a leave of absence. Employers and employees alike should take note of this action.
Law on Pregnancy Discrimination and BreastfeedingTom Spiggle
These slides were used as part of a presentation on federal law regarding Pregnancy and Breastfeeding at work. Laws discussed include the Pregnancy Discrimination Act, FMLA, Americans with Disabilities Act as well as the laws outlawing family responsibilities discrimination (FRD).
Legal newsletter for owners, directors and HR professionals with updates on current employment law. In this issue: Also in this issue: The National Minimum Wage / National Living Wage; Family Friendly Rights; Current rates and limits for unfair dismissal and redundancy; pulling a sickie
If you are planning to have a child in the near future, are currently pregnant, or recently gave birth, you should have at least a basic understanding of the law as it
relates to pregnancy discrimination. Learn more about pregnancy discrimination in Florida in this presentation.
powerpoint slides to an employment law update seminar delivered by my employment law team and me to HR professionals, directors and employment agencies
Avoiding Workplace Pitfalls for Domestic and Foreign Workers - Discrimination...Badmus & Associates
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC present three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This presentation gives tips and tools to prevent and defend against employment and immigration discrimination claims.
CHILD ADOPTION ACT 1956, ACCORDING TO THE INDIAN GOVERNMENT LAW, PREPARED BY Ms.JYOTI, INDIRA GANDHI COLLEGE OF NURSING,MUNSHIJANG AMETHI, UTTAR PRADESH. 227812. HINDU ADAPTION ACT, MUSLIM ADAPTION ACT, INTERNATIONAL ADOPTION ACT , DOMESTIC ADOPTION ACT, FAMILY ADOPTION ACT, NATIONAL ADOPTION ACT.
Exploring flexible working family friendly rightsTaylor&Emmet LLP
Family friendly rights and flexible working: the what and the why?
How to handle flexible working requests.
Indirect discrimination.
Homeworking pitfalls
Experiences of shared parental leave.
Maternity leave and redundancy.
New developments.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
New Developments and Legal Decisions in Employment Law 2015
1. Parsons Behle & Latimer IDAHO EMPLOYMENT LAW SEMINAR
NEW DEVELOPMENTS AND LEGAL
DECISIONS IN EMPLOYMENT LAW 2015
Christina M. Jepson
cjepson@parsonsbehle.com
WEDNESDAY, OCTOBER 21, 2015 | BOISE CENTRE
parsonsbehle.com
2. 2
So what was happening in employment
law in the last year?
What do you need to know?
What are the trends?
What might we see next year?
Overview
3. 3
Pregnancy Discrimination & Accommodation
– Young v. United Parcel Service
– EEOC Guidance
Religious Accommodation
– EEOC v. Abercrombie & Fitch Stores
LGTBQA
– Ogergefell v.Hodges—same sex marriage
– EEOC positions on sexual orientation and
transgender status
– Lawsuit trends
Overview
4. 4
Fair Labor Standards Act—security clearance
– Integrity Staffing Solutions v. Busk
ERISA
– Tibble v. Edison Int’l
– Plan fiduciaries duty to monitor and remove
imprudent investments
Overview
5. 5
The issues of pregnancy discrimination and
accommodation have been front and center the
last few years
Lactation rules
EEOC Guidance on pregnancy discrimination
and accommodation
Supreme Court decision in Young v. UPS
Pregnancy
6. 6
In thinking about pregnancy in the workplace,
there are a number of laws at play
– Pregnancy Discrimination Act (PDA) make Title VII
applicable to pregnancy – An employer cannot treat
an employee differently because of pregnancy
– The Americans with Disabilities Act (ADA) – must
accommodate disabilities (including pregnancy-
related disabilities)
– The Family Medical Leave Act (FMLA) – 12 weeks
unpaid leave if employee qualifies including for
pregnancy-related conditions and/or to care for
newborn child
Pregnancy Laws
7. 7
PDA amended Title VII to explicitly prohibit
discrimination based on
– Current pregnancy
– Past pregnancy
– Potential or intended pregnancy
– Medical conditions related to pregnancy or
childbirth
Pregnancy Discrimination Act
8. 8
On July 14, 2014 the EEOC issued Updated
Enforcement Guidance on Pregnancy
Discrimination
Also issued Questions and Answers and a
Fact Sheet on the guidance
Updated Guidance in July 2015
Worth reviewing
EEOC Guidance on Pregnancy
9. 9
This EEOC Guidance was unusual in that it was
issued without first allowing for public comment
This was because the Young v. UPS case was
pending before the US Supreme Court
addressing whether an employer that provides
work accommodations to non-pregnant
employees with work limitations must provide
work accommodations to pregnant employees
with similar work limitations
EEOC Guidance on Pregnancy
10. 10
Young v. United Parcel Service, 575 U.S. ___ (2015)
Peggy Young worked as a part-time driver for UPS. Her
job duties included pickup and delivery of packages.
UPS required drivers like Young to lift parcels weighing
up to 70 pounds and up to 150 pounds with assistance.
However, Young presented evidence showing that she
rarely, if ever, had to lift items that heavy.
When Young became pregnant, her doctor told her she
should not lift more than 20 pounds during the first 20
weeks of pregnancy or more than 10 pounds thereafter.
Pregnancy—Young Decision
11. 11
In a collective bargaining agreement, UPS had
agreed to:
(1) Provide temporary alternative work assignments to
employees unable to perform their normal assignments
due to an on-the-job injury;
(2) Make a good faith effort to comply with requests for
a reasonable accommodation because of a permanent
disability under the ADA; and
(3) Give “inside” jobs to drivers who had lost their
DOT certifications because of a failed medical exam, a
lost driver’s license, or involvement in a motor vehicle
accident
Pregnancy—Young Decision
12. 12
UPS denied Young’s request to accommodate her
lifting restrictions and told her she could not work
while under a lifting restriction because she did not
meet any of the union categories
Young brought claims for violations of the PDA and
ADA alleging UPS had subjected her to pregnancy
discrimination (disparate treatment) by failing to
accommodate her pregnancy-related lifting
restriction when it accommodated other employees
Pregnancy—Young Decision
13. 13
The trial court granted summary judgment for
UPS, and the Fourth Circuit Court of Appeals
affirmed the trial court’s ruling
The U.S. Supreme Court vacated the Fourth
Circuit Court of Appeals’ decision and held that
the McDonnell Douglas framework applied to
establishing a prima facie disparate treatment
pregnancy discrimination claim through indirect,
or circumstantial, evidence
Pregnancy—Young Decision
14. 14
S.C. held (6-3, BREYER; ALITO concurring in
judgment; SCALIA, THOMAS and KENNEDY,
dissenting):
Young established a prima facie case;
remanded for a determination regarding pretext
PDA claim governed by McDonnell Douglas
Pretext may include that many non-pregnant are
accommodated
Pregnancy—Young Decision
15. 15
The Supreme Court held an employee claiming that an
employer’s denial of her requested pregnancy-related
accommodation can establish a prima facie Pregnancy
Discrimination Act claim by showing:
(1) She belongs to the class protected under the Act;
(2) She sought an accommodation;
(3) The employer did not accommodate her; and
(4) The employer did accommodate other employees
“similar in their ability or inability to work ” (but whose
need for the accommodation was not pregnancy-
related)
Pregnancy—Young Decision
16. 16
After the employee makes out a prima facie case, the
employer may seek to justify its refusal to accommodate
the employee’s requested pregnancy-related
accommodation by showing there were “legitimate non-
discriminatory” reasons for denying the accommodation
“But consistent with the PDA’s basic objective, that
reason normally cannot consist simply of a claim that it is
more expensive or less convenient to add pregnant
women to the category of those (“similar in their ability or
inability to work”) whom the employer accommodates.”
Pregnancy—Young Decision
17. 17
The employee may then show the employer’s
proffered legitimate nondiscriminatory reasons
are a pre-text for pregnancy discrimination
– “We believe that the plaintiff may reach a jury on this
issue by providing sufficient evidence that the
employer’s policies impose a significant burden on
pregnant workers, and that the employer’s
“legitimate, nondiscriminatory” reasons are not
sufficiently strong to justify the burden, but rather—
when considered along with the burden imposed—
give rise to an inference of intentional discrimination.”
Pregnancy—Young Decision
18. 18
The Supreme Court held Young had established a prima
facie discrimination claim under the PDA
– “Here, for example, if the facts are as Young says they are, she
can show that UPS accommodates most nonpregnant
employees with lifting limitations while categorically failing
to accommodate pregnant employees with lifting limitations.
Young might also add that the fact that UPS has multiple policies
that accommodate nonpregnant employees with lifting
restrictions suggests that its reasons for failing to accommodate
pregnant employees with lifting restrictions are not sufficiently
strong—to the point that a jury could find that its reasons for
failing to accommodate pregnant employees give rise to an
inference of intentional discrimination.”
Pregnancy—Young Decision
19. 19
The Court rejected Young’s broader interpretation:
– Young asks us to interpret the second clause broadly and,
in her view, literally. As just noted, she argues that, as long
as “an employer accommodates only a subset of workers
with disabling conditions,” “pregnant workers who are
similar in the ability to work [must] receive the same
treatment even if still other nonpregnant workers do not
receive accommodations.” She adds that, because the
record here contains “evidence that pregnant and
nonpregnant workers were not treated the same,” that is
the end of the matter, she must win; there is no need to
refer to McDonnell Douglas.
Pregnancy—Young Decision
20. 20
It seems to say that the statute grants pregnant workers
a “most-favored-nation” status. As long as an
employer provides one or two workers with an
accommodation—say, those with particularly
hazardous jobs, or those whose workplace presence
is particularly needed, or those who have worked at
the company for many years, or those who are over
the age of 55—then it must provide similar
accommodations to all pregnant workers (with
comparable physical limitations), irrespective of the
nature of their jobs, the employer’s need to keep them
working, their ages, or any other criteria.
Pregnancy—Young Decision
21. 21
The status of the EEOC Guidance changed
somewhat after the Young decision
EEOC Updated Guidance on 6-25-15 to address
Young
Guidance focuses on three areas of concern
– ADA accommodation of pregnancy-related disabilities
and childbirth-related disabilities
– Discrimination in how employers write and/or enforce
their own policies
– Discrimination in how employers treat pregnant
employees and parents--stereotypes
Pregnancy—EEOC Guidance
22. 22
One of the main points of the Guidance is to
address the interplay between the Pregnancy
Discrimination Act (PDA) and the American with
Disabilities Act (ADA) which was not at play in
Young
Although PDA does not include accommodation
requirement, the ADA does require
accommodations for disabilities and the
definition of disability was significantly expanded
with the 2008 Amendments (after Young
scenario)
ADA and Pregnancy
23. 23
The EEOC Guidance notes that since
passing the ADA amendments in 2008, it is
easier to demonstrate that pregnancy-related
impairments constitute “disabilities” under the
ADA and require reasonable
accommodations
In such situations employers must consider
accommodations for pregnant workers
ADA and Pregnancy
24. 24
Although pregnancy itself is not a disability, many
pregnancy-related conditions may be disabilities
ADA and Pregnancy--Disabilities
– Conditions requiring bed rest
(including high risk
pregnancies)
– C-section birth
– Anemia
– Sciatica
– Carpal tunnel syndrome
– Gestational diabetes
– Nausea that causes severe
dehydration
– Abnormal heart rhythms
– Swelling (especially in the
legs)
– Depression
– Pelvic inflammation causing
pain and difficulty walking
– Post partum complications
– Breech pregnancy requiring
frequent doctor visits and
bed rest
25. 25
Make sure your clients’ ADA policies are up to
date (include pregnancy-related disabilities) and
are being enforced—include an accommodation
process
Make sure clients’ discrimination and
harassment policies include pregnancy,
childbirth, and pregnancy-related conditions
Make sure clients’ FMLA policies are up to date
Review light duty and related policies
Train managers and employees on policies
Pregnancy--Best Practices
26. 26
Respond to complaints about pregnancy issues
Develop accurate job descriptions
When approached with a situation involving a
pregnant employee, make sure you have the facts,
you have looked at the documents, and the decision
is supported
Make sure clients document performance and job
decisions
When it is tricky, your clients need to seek legal
advice
Wait for new Guidance!
Pregnancy--Best Practices
28. 28
EEOC v. Abercrombie & Fitch, 135 S.Ct. 2028 (2015)
Whether an employer can be liable under Title VII for
refusing to hire an applicant (or for discharging an
employee) based on a “religious observance and
practice” only if the employer has actual knowledge that
a religious accommodation was required and the
employer’s actual knowledge resulted from direct,
explicit notice from the applicant or employee
Religious Accommodation
29. 29
Abercrombie owns clothing stores each with
its own “style” and its sales people are called
“sales models”
Company imposes a “Look Policy” that
governs employees dress—a “classic East
Coast collegiate style of clothing” and
“attractiveness”
The Look Policy prohibits caps as too
informal for the Company image
Religious Accommodation
30. 30
Samantha Elauf was a practicing Muslim and
wore a headscarf as part of her religion
She applied for and interviewed for a job at
Abercrombie
The Assistant Manager who interviewed her
gave her solid ratings in the three competencies
required for the job and thus she was qualified to
be hired
Religious Accommodation
31. 31
The Assistant Manager was concerned about the
headscarf given the Look Policy but did not mention
it to the applicant
The Look Policy said if an applicant asks about the
policy, check with HR—but it didn’t come up
AM asked her manager & received no response
She asked district manager and was told headscarf
would violate the Look Policy and was told to lower
the applicant’s score on appearance section
She was told not to hire the applicant
Religious Accommodation
32. 32
The Tenth Circuit dismissed the case on the
grounds that plaintiff never asked for an
accommodation and could not prove
Abercrombie knew she had a religious
accommodation need
Tenth Circuit held employer cannot be liable for
failure to accommodate religious practice unless
the applicant/employee provides the employer
with actual knowledge of need
Religious Accommodation
33. 33
EEOC v. Abercrombie & Fitch, US Supreme Court
held (8-1, op. per SCALIA, J.; ALITO, J.,
concurring in judgment; THOMAS, J, concurring in
part, dissenting in part):
An applicant need only show that the need for
accommodation was a motivating factor, not that
employer had actual knowledge of this need
An employer may not make an applicant’s
religious practice, confirmed or otherwise, a
factor in employment decisions
Religious Accommodation
34. 34
Two related cases
– Halla Banafa claimed the company refused to
hire her for a stockroom position because she
wore a headscarf during a job interview
– Umme-Hani Khan claimed she was fired as a
Hollister store employee for refusing to
remove her headscarf
Religious Accommodation
35. 35
On July 15, 2015 the EEOC issued a
decision holding that discrimination based
on sexual orientation constitutes Title VII
discrimination
– Gay man worked as a supervisory air traffic
control specialist
– Supervisor was aware of his sexual
orientation and allegedly make negative
comments in the workplace
Sexual Orientation
36. 36
– He was not selected for a permanent position
– Contacted the EEOC and filed a complaint
– The EEOC held that a claim of discrimination
based on sexual orientation is a claim for sex
discrimination under Title VII if
• Treated in a way he would not be treated but for
his sex
• Treated differently based on the sex of the person
he associates with
• Discriminated against because of stereotype that
individuals should only be attracted to opposite sex
Sexual Orientation
37. 37
– Supreme Court recognized in Hodges that
same sex marriage cannot be prohibited by
the states because it violates the Equal
protection clause
• This will inform employment cases
Sexual Orientation and Marriage
38. 38
In April of 2012 the EEOC issued a
decision in Macy v. Holder that claims of
discrimination based on gender identity,
change of sex or transgender status
constitute sex discrimination
– A transgender woman presenting as a man
applied with ATF and was told the position
was hers. Later expressed that she was in
process of transition from male to female
– Told position no longer available
Gender Identity/Transgender
39. 39
These cases are becoming more prevalent
– In April 2015 in Complainant v. McHugh the
EEOC held that denying a transgender
employee the use of a restroom consistent
with her gender identity constitutes sex
discrimination
– Not using correct name and pronoun can be
discrimination
– Increasing lawsuits over bathrooms and other
transgender issues
Gender Identity/Transgender
40. 40
–New cases are coming
• Bathrooms
• Dress
• Gender presentation
• Stereotypes
LGTBQA Rights
41. 41
Integrity Staffing Solutions v. Busk, 2014 WL 6885951
(Dec. 9 2014)
– Hourly warehouse workers waiting to undergo and
undergoing anti-theft security screening argued that
this was compensable time
– Workers alleged that they “were required to remove
all personal belongings from their person[s] such as
wallets, keys, and belts, and pass through metal
detectors before being released from work and
allowed to leave the facility,” a process asserted to
take as long as 25 minutes
Federal Labor Standards Act
42. 42
Integrity Staffing Solutions v. Busk, 2014 WL 6885951
(Dec. 9 2014)
– “[W]hether time spent in security screenings is
compensable under the FLSA, i.e., whether such
activity is “postliminary” under 29 U.S.C. § 254(a)
Federal Labor Standards Act
43. 43
What plaintiff argued:
“If an employer requires a worker to engage in pre- or
post- shift activity for the benefit of the employer, that
activity is work within the scope of the FLSA, even if it is
wholly unrelated to the employee’s shift work”
Federal Labor Standards Act
44. 44
What defendant argued:
Pre-/post-shift activities compensable only if activity in
question is “integral and indispensable” to “primary duty”
of an employee
“[S]ecurity screening is a paradigmatic example of an
activity that is non-compensable because it is
‘preliminary’ or ‘postliminary’”
Integrity Staffing Solutions v. Busk
45. 45
What the Court held (9-0, op. per THOMAS, J.;
SOTOMAYOR and KAGAN, JJ, concurring):
S.C. reversed 9th Circuit and held that waiting for
and undergoing screening was not compensable
“An activity is therefore integral and
indispensable to the principal activities that an
employee is employed to perform if it is an
intrinsic element of those activities and one with
which the employee cannot dispense if he is to
perform his principal activities.” (Dictionary)
Integrity Staffing Solutions v. Busk
46. 46
Tibble v. Edison Int’l, 2015 WL 2340845 (May 18, 2015)t
Whether a claim that ERISA plan fiduciaries breached
their duty of prudence by offering higher cost retail-class
mutual funds to plan participants, even though identical
lower-cost institutional-class mutual funds were
available, is barred by ERISA §413(1) when fiduciaries
initially chose the higher cost mutual funds as plan
investments more than six years before the claim was
filed
ERISA Fiduciary Duties
47. 47
What the Court held (9-0, op. per BREYER, J):
Plan fiduciaries have a continuing duty – separate from
the duty to exercise prudence in selecting investments –
to monitor and remove imprudent investments
So long as a plaintiff’s claim alleging breach of the
continuing duty of prudence occurred within six years of
suit, the claim is timely
The Court expressed no view on the scope of
respondents’ fiduciary duty
Do you have ERISA plans?
ERISA Fiduciary Duties
48. 48
Wage and hour claims
Exemptions—executive order proposals
Independent Contractors
Interns and volunteers
Remote work
Living wage
General Trends
49. 49
Marijuana—25 states legalized medial marijuana and a few
recreational marijuana
E-cigarettes
Affordable Care Act
Wellness programs
Immigration
Computer privacy—cyber security
Social media
Ban the box and background checks
General Trends
50. 50
Christina M. Jepson
801.536.6820
cjepson@parsonsbehle.com
Thank You