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I’ll See You in (Oregon) Court!: Oregon Court of Appeals Rules Employees Protected in Seeking Legal Advice About Employment Posted on: May 28, 2021 In: Labor & Employment
Rohrer v. Oswego Cove, LLC is the latest case to address whether a common law wrongful discharge claim is preempted by statute. The issue in the case was whether the action alleged by the plaintiff – seeking out legal advice about her employment – fell within the scope of any statute.
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Tags:
employment law, wrongful discharge, discrimination, retaliation, human resources
Dear Employers, Read This to Avoid a Hairy Situation: Hairstyles Protected Under Colorado Anti-Discrimination Laws Posted on: March 23, 2021 In: Labor & Employment
Employers in the Centennial State should take note that Colorado has joined a growing list of states in enacting the “Creating a Respectful and Open World for Natural Hair Act of 2020,” also known as the “CROWN Act of 2020.” Under Colorado’s CROWN Act, employers may be held liable for racial discrimination based on an employee’s hair texture, hair type, or a protective hairstyle commonly or historically associated with race.
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Tags:
colorado, crown act, discrimination, hairstyle, dress code
The Equality Act: What Does It Mean For Employers? Posted on: March 19, 2021 In: Labor & Employment
On February 25, 2021, the U.S. House of Representatives passed the Equality Act (H.R. 5), which expands civil rights for LGBTQ individuals on a federal level. The bill now heads to the Senate, where a vote is anticipated in the near future. So, what exactly is the Equality Act, and what does it mean for employers? This post discusses the highlights of this projected new law.
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Tags:
equality act, lgbtq, civil rights act, discrimination, congress
It’s Official: EEOC Adopts New Rule Updating Conciliation Procedures Posted on: March 03, 2021 In: Labor & Employment
In welcome news for employers, on January 11, 2021, the Equal Employment Opportunity Commission (EEOC) adopted its final rule updating its conciliation procedures for the first time in more than 40 years. The rule is designed to ensure transparency, consistency, and fairness in the conciliation process between employers and the EEOC. Best of all, the process is informal and confidential, and can help employers to improve the workplace and address specific grievances with less risk of litigation.
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Tags:
eeoc, conciliation, discrimination, litigation, employmentlaw
What Labor & Employment Changes to Expect Under The Biden Administration Posted on: March 01, 2021 In: Labor & Employment
Throughout his campaign and first weeks in the White House, President Biden has laid out plans to promote an ambitious labor and employment agenda during his administration. We expect President Biden’s agenda to continue to be crafted though his issuance and repeal of Executive Orders, and will further advanced through the his cabinet picks and agency appointees. This post includes a top-level summary of key labor and employment changes from the Biden Administration that we are following.
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Tags:
biden administration, wage and hour, discrimination, labor law, employment law, eeoc, osha, nlrb
Finally! Proposed Rule by EEOC Will Give Employers a True Opportunity at Conciliation Prior to Litigation Posted on: November 05, 2020 In: Labor & Employment
As many employers throughout the country are well aware, once the Equal Employment Opportunity Commission (EEOC) finds reasonable cause on a charge of discrimination, litigation inevitably ensues. What employers may not know is that, in theory, the EEOC has always been required to attempt to secure a conciliation agreement in good faith prior to proceeding with litigation against the employer. The problem? The agency just wasn’t giving conciliation much of an effort.
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Tags:
eeoc, discrimination, conciliation, ada, gina, adea
California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & Employment
On the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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Tags:
california, affirmative action, discrimination, eeoc, employment law
Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & Employment
Most employers are familiar with the anti-retaliation provisions of their state’s anti-discrimination statutes and Title VII under federal law. These laws create robust rights of action for current and former employees who allege they were retaliated against for complaining of discrimination or harassment in the workplace. They also carry with them the threat of hefty damages verdicts for employees, and awards of attorneys’ fees that sometimes dwarf the sum of the damages themselves.
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Tags:
whistleblower, discrimination, title vii, termination, employment law
U.S. Supreme Court Gives Grace to Religious Employers Posted on: July 09, 2020 In: Labor & Employment
In 2012, the United States Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171, and first recognized a “ministerial exception.” The ministerial exception is a First Amendment doctrine that prohibits civil courts from adjudicating employment-related cases brought by “ministerial” employees against their religious employers.
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Tags:
employment law, religion, lgbtq+, supreme court, discrimination
How Employers Can Best Accommodate Working Parents During COVID-19 & Avoid Discrimination Claims Posted on: July 02, 2020 In: Labor & Employment
COVID-19 has resulted in no schools, no child care, and no after school activities, leaving no option for many working parents but to stay home and care for their kids while working full-time jobs. Working parents are struggling to balance childcare responsibilities and job responsibilities during these tough times. Additionally, employers are struggling to stay in business, leading to record lay-offs and unemployment. The result? Legal experts predict a significant increase in litigation.
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Tags:
covid-19, coronavirus, working parents, fmla, ada, discrimination
U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees Posted on: June 15, 2020 In: Labor & Employment
On June 15, 2020, the United States Supreme Court held that Title VII, the federal employment law that prohibits discrimination “because of sex,” bars discrimination based on an individual’s sexual orientation and transgender status. Conservative Justice Neil Gorsuch, joined by Chief Justice John Roberts and four liberal members of the Court, penned the 6-3 decision granting nationwide protection to LGBTQ+ employees.
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Tags:
supreme court, lgbtq+, title vii, discrimination, eeoc
5 Critical Lessons from Comcast Corp. v. Nat’l Ass’n of African American-Owned Media Posted on: March 30, 2020 In: Labor & Employment
Certain to become a major factor in employment litigation, an opinion issued by the U.S. Supreme Court on March 23, 2020 clarifies the burden for plaintiffs to meet in discrimination claims filed under 42 U.S.C. §1981. Here are the top 5 takeaways of this case for employers.
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Tags:
supreme court, discrimination, race, employment law, causation

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