SEC CLARIFIES WHISTLE BLOWER PROTECTIONS AGAINST EMPLOYER RETALIATIONS

“The Securities and Exchange Commission has issued an interpretive rule clarifying that whistleblowers are protected by retaliation by employers even if they have not reported their concerns to the SEC first. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 included a section offering incentives and protections to individuals who report possible violations of the…

SCOTUS HOLDS THAT EEOC CONCILIATION EFFORTS ARE SUBJECT TO LIMITED JUDICIAL REVIEW

I. Procedural Background and Party Positions “After investigating a gender discrimination claim against Mach Mining, the EEOC determined that reasonable cause existed to believe that the company had engaged in unlawful hiring practices. The EEOC sent a letter inviting Mach Mining and the claimant to participate in informal conciliation proceedings. About a year later, the…

WHAT EMPLOYERS NEED TO KNOW ABOUT SCOTUS GAY MARRIAGE RULING

“The Supreme Court on Friday ruled that same-sex couples have a constitutional right to marry, meaning that same-sex marriages must be recognized nationwide. The ruling will have vast implications for employers, which until now have been operating under a patchwork of different state and federal laws governing the legal and tax treatment of same-sex unions.…

New York City Bans Employers from Considering Consumer Credit

“On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill barring employers in New York City from discriminating against employees and applicants based on their consumer credit histories. The exceptions to this new law are much more limited than the exceptions found in similar laws in other states. New York…

Accommodating Religious Dress in the Workplace

“As an employer, you strive to maintain a certain image for the benefit of your small business, while simultaneously accommodating employees in order to promote company morale. But what do you do when an employee’s religious practices conflict with workplace policies? Here’s what you need to know about your legal responsibilities and how you can…

Obama’s Immigration Executive Order and What It Could Mean for You

“President Obama’s November 20 executive orders could allow as many as five million undocumented immigrants to remain in the US if they meet certain conditions. Employers should note that the order also extends the stay of foreign graduates of US colleges with high-tech skills. What the order does not do is grant undocumented workers citizenship or the…

BILLS TO BAN WORKPLACE DISCRIMINATION INTRODUCED IN VIRGINIA

“Gov. Terry McAuliffe has been the ranking state official for less than a week, though he has already issued several executive orders on topics that included workplace discrimination and executive gifts. His first executive order — signed Saturday, immediately following his inauguration — prohibits discrimination in Virginia state government on the basis of race, sex,…

EEOC Sues Mattress Company in Racial Case

“Carolina Mattress Guild, a Thomasville, N.C.-based mattress manufacturer, subjected black employees to a racially hostile work environment and unlawfully fired the employee who complained about racial comments, the U.S. Equal Employment Opportunity Commission alleges in a lawsuit filed against the company. Carolina Mattress Guild officials said the allegations are unfounded. According to the EEOC’s complaint,…

SUPREME COURT ARGUES WHO COUNTS AS A SUPERVISOR UNDER FEDERAL EMPLOYMENT DISCRIMINATION LAW

WASHINGTON — The Supreme Court heard arguments on Monday about who counts as a supervisor under a federal employment discrimination law. The court also issued orders clearing the way for further challenges to aspects of President Obama’s health care law and rejecting an appeal concerning the insanity defense. EMPLOYMENT DISCRIMINATION The employment case was brought…