On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures, and require the use of personal protective equipment among other things, the DFEH addresses a question that has been top of mind for many California employers:
Continue Reading DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies
On International Women’s Day, March 8, 2021, President Joseph Biden signed two executive orders to promote gender equity and equality through the creation of a Gender Policy Council and through a policy that guarantees an education free from discrimination based on sex, sexual orientation, and gender identity.
Continue Reading Two Executive Orders Signed on International Women’s Day Promoting Gender Equity and Equality
The end of 2020 was not the end of the California Legislature’s focus on employment-related legislation. Just two months into the new year, the Legislature has already introduced several bills addressing the workplace that could impact employers who still may be implementing coronavirus-related legislation. This article discusses two such bills on the horizon that employers will want to follow as they work their way through the Legislature.
Continue Reading California Legislative Update: Employment-Related Bills on the Horizon
On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted.
Continue Reading New Employment Laws to Look Out for in 2021
On July 8, 2020, the Supreme Court gave religious employers wide leeway to hire and fire employees whose duties include religious instruction without having to worry about employment discrimination suits. In a 7-to-2 decision, the Supreme Court ruled in Our Lady of Guadalupe School v. Morrissey-Berru that the “ministerial exception” – a legal doctrine that shields religious employers from anti-discrimination lawsuits – foreclosed the adjudication of two discrimination lawsuits brought by Catholic school teachers.
Continue Reading U.S. Supreme Court Backs Broad Interpretation of the “Ministerial Exception,” Shielding Religious Employers From Employment Discrimination Claims
Illinois’ first-of-its-kind legislation aimed at regulating the use of artificial intelligence in video interviews for Illinois-based positions goes into effect on January 1, 2020. The Artificial Intelligence Video Interview Act will make employers’ use of artificial intelligence to analyze applicant-submitted video interviews more complicated at a time when employers are increasingly relying on the technology to streamline the hiring process and support diversity initiatives. Despite the benefits of facial recognition technology, proponents of the law claim these technologies perpetuate gender, racial, age and other biases that can led to employment discrimination.
Continue Reading Stop the Camera! New Limits on Facial Recognition Technology for Interviews Take Effect in Illinois on January 1, 2020
On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision. In Dynamex, the California Supreme Court adopted the so-called “ABC” test to determine coverage under the Industrial Welfare Commission (“IWC”) Wage Orders. AB-5 expands the application of the ABC test to the entire California Labor Code and will take effect on January 1, 2020.
Continue Reading It’s Official: Newsom Expands The Definition of “Employee” Under California Law
Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively churned out new bills that further strengthen the ability for workers to sue their employers and increase the already-significant regulatory burden on these companies. This fall, the California Legislature is geared to send three significant bills to Governor Gavin Newsom that all California employers should carefully follow.
Continue Reading Three Major Workplace Bills to Land on Gov. Gavin Newsom’s Desk
On August 12, 2019, Governor Andrew Cuomo signed into law S.6577, a bill implementing a series of sweeping changes to the New York State Human Rights Law (“NYSHRL”). As we previously reported, S.6577 provides for a number of notable updates to the NYSHRL designed to strengthen state protection for victims of sexual harassment. However, the signing of S.6577 also implements a series of changes that stand to significantly impact employers with respect to all claims of employment discrimination, not just sexual harassment. This post summarizes key changes to the NYSHRL created by S.6577, along with deadlines for employer compliance.
Continue Reading Update: Governor Cuomo Signs Significant Changes to New York Discrimination and Harassment Legislation Into Law – Employer Compliance Required
On July 3, 2019, Governor Gavin Newsom signed into law Senate Bill 188 also known as the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act. The CROWN Act amends the California Education Code and the Fair Employment and Housing Act’s definition of race to include traits historically associated with race, including hair texture and protective hairstyles. Protective hairstyles include, but are not limited to, “braids, locks, and twists.”
Continue Reading A Heads Up On The CROWN Act: Employees’ Natural Hairstyles Now Protected
On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history.
The law amends the Equal Pay Act of 2003, which made it illegal to discriminatorily pay employees on the basis of sex or race. The impetus behind the new salary history amendment is an effort to close the gender wage gap. According to a news release from the governor’s office, women in Illinois earn 79% of what men earn.
Continue Reading Salary History Off-Limits Under New Illinois Equal Pay Law