Sexual Orientation, Gender Identity, and the Federal Government

Pur­suant to a new exec­u­tive order, dis­crim­i­na­tion against fed­eral employ­ees based on gen­der iden­tity and trans­gen­der sta­tus con­sti­tutes sex dis­crim­i­na­tion under exist­ing Exec­u­tive Order 11246. On July 21, 2014, Pres­i­dent Barack Obama signed Exec­u­tive Order 13672, adding “sex­ual ori­en­ta­tion” and “gen­der iden­tity” to the list of pro­hib­ited bases of dis­crim­i­na­tion by fed­eral gov­ern­ment con­trac­tors and… [Read More]

The EEOC’s Guidelines on Pregnancy Discrimination

  In July 2014, for the first time since 1983, the EEOC has released com­pre­hen­sive guid­ance on the oblig­a­tions imposed on employ­ers under the Preg­nancy Dis­crim­i­na­tion Act (“PDA”).  The guid­ance reflects changes to the PDA, the cur­rent trends on EEOC’s enforce­ment prac­tices, and the PDA’s inter­play with statutes like the Amer­i­cans with Dis­abil­i­ties Act (“ADA”). … [Read More]

Employee Rights Under The Occupational Safety and Health Act (“OSHA”)

The Occu­pa­tional Safety and Health Act (“OSHA”), 29 U.S.C §§ 651 et. seq., is a fed­eral law that was designed to ensure a safe and healthy work­place. OSHA’s rules and reg­u­la­tions apply in all 50 states to most pri­vate sec­tor employ­ees and employ­ers. How­ever, OSHA does not apply to employ­ees who work for state and local… [Read More]

Expanding Sexual Orientation Protections for Employees?

As employ­ment lawyers, we tip our hat to Judge Colleen Kollar-Kotelly of the U.S. Dis­trict Court for the Dis­trict of Colum­bia for poten­tially expand­ing fed­eral law’s pro­tec­tion against sex­ual ori­en­ta­tion dis­crim­i­na­tion in Ter­veer v. Library of Con­gress, Civil Action No.: 12–1290 (CKK), (D.D.C. March 31, 2014).  Title VII of the Civil Rights Act of 1964,… [Read More]

McDonald’s Employees File Multiple Wage and Hour Class Action Lawsuits

  As one of the world’s largest chain restau­rants, McDonald’s is no stranger to the legal sys­tem.  The newest string of law­suits alleges that the com­pany and fran­chise own­ers are sys­tem­at­i­cally steal­ing wages from their employ­ees.  Employ­ees in New York, Cal­i­for­nia, and Michi­gan have filed a total of seven class-action law­suits.  While these law­suits are com­plex… [Read More]

Stereotyping and Workplace Discrimination

A Pan­tene com­mer­cial called “Labels Against Women” was played last month only in the Philip­pines, but now it has more than 5.4 mil­lion views on YouTube.  Many women includ­ing Facebook’s Sheryl Sand­berg have pos­i­tively added to the dia­logue after this com­mer­cial raised the public’s aware­ness about an impor­tant work­place dis­crim­i­na­tion issue. This adver­tise­ment rein­forces well-known issues of… [Read More]

Ameristar Casinos Sanctioned for Nearly Half-Million Dollars for Unlawful Coercive Communications with Prospective FLSA Collective Action Members

By Qusair Mohamedb­hai posted in Employ­ment Law on Fri­day, June 7, 2013 Skep­tics in soci­ety may think that the rich and pow­er­ful are in fact above the law, that the jus­tice sys­tem will yield to the same almighty dol­lar that dri­ves the deci­sions of cor­po­ra­tions. But one com­pany oper­at­ing in Col­orado has recently incurred the wrath of… [Read More]

A Case of Older Worker Discrimination at Abercrombie & Fitch?

By Qusair Mohamedb­hai posted in Employ­ment Law on Mon­day, May 20, 2013 Most read­ers of this blog are prob­a­bly famil­iar with Aber­crom­bie & Fitch’s youth­ful image. Abercrombie’s unabashed exclu­sive­ness asso­ci­ated with this image, while finan­cially suc­cess­ful, has offended mem­bers of the Amer­i­can pub­lic. And in this author’s opin­ion, Abercrombie’s mar­ket­ing and brand­ing prob­a­bly results in dis­crim­i­na­tion… [Read More]

Colorado Enacts Historic Enhanced Remedies Law for Employment Discrimination and Civil Rights Cases

By Qusair Mohamedb­hai posted in Employ­ment Law on Mon­day, May 6, 2013 Some of the most egre­gious forms of work­place dis­crim­i­na­tion occur in small busi­nesses because of the close and per­sonal nature of rela­tion­ships between those employ­ees. How­ever, Col­orado employ­ees who worked at smaller employ­ers had vir­tu­ally no state law reme­dies, often result­ing in ram­pant and… [Read More]

Deletion of Social Media Accounts or Other Electronic Information Can Result in Harsh Sanctions for Plaintiffs

By Qusair Mohamedb­hai posted in Employ­ment Law on Sat­ur­day, May 4, 2013 The case of Gatto v. United Air Lines, Inc., Civil Action No. 10-cv-1090-ES-SCM, 2013 U.S. Dist. LEXIS 41909 (D.N.J. Mar. 25, 2013) should be a sober­ing reminder to plaintiff’s employ­ment attor­neys of the impor­tance of advis­ing your clients that they must not destroy or… [Read More]