A post on the Health Law Advisor blog will be of interest to many of our readers: “HHS Office for Civil Rights Bulletin on Civil Rights Issues During the COVID-19 Crisis,” by attorneys of Epstein
Discrimination
New Jersey Bans Discrimination Based on Hair

On December 19, 2019, New Jersey enacted legislation amending the New Jersey Law Against Discrimination (“NJLAD”) to add a definition for “Race” – which has always been a protected category under the NJLAD – and for the term “Protective hairstyle.” The Amendment, referred to as the “CROWN Act” (short for “Create a Respectful and…
NJ Division on Civil Rights Issues Guidance on Illegal Discrimination Based on Hair

In September 2019, the New Jersey Division of Rights (“DCR”) issued enforcement guidance (“Guidance”) clarifying and explaining how the DCR applies the state’s Law Against Discrimination (“LAD”) to discrimination based on hairstyles, particularly with respect to those “closely associated with Black people.” The Guidance states that the LAD’s prohibition on discrimination based on race encompasses…
Employer Insights: Illinois’ Permanent Commitment To Medical Marijuana

On August 9, 2019, Illinois Governor Pritzker signed legislation amending the state’s current medical marijuana pilot program. The Compassionate Use of Medical Cannabis Program Act (the “Medical Cannabis Act”) makes the medical marijuana program, which was initially enacted as a pilot program in 2013, permanent and expands the qualifying medical conditions for a medical marijuana…
New Jersey Law Prohibits Prospective Waivers and Secret Discrimination, Retaliation, or Harassment Settlements

On March 18, 2019, New Jersey Governor Phil Murphy signed a bill amending the New Jersey Law Against Discrimination (LAD) to prohibit contractual provisions that result in the wavier of a right or remedy provided under the LAD or prevent the disclosure of information pertaining to claims of discrimination, retaliation or harassment. The amendment, which…
Race Discrimination on the Basis of Hair Is Illegal in NYC

The New York City Commission on Human Rights published legal enforcement guidance defining an individual’s right to wear “natural hair, treated or untreated hairstyles such a locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.” The guidance applies to workplace grooming and appearance policies…
Mixed Results for Employers on Marijuana – Two Federal Courts Refuse to Find State Marijuana Laws Preempted by Federal Law

Two recent federal cases illustrate why employers – even federal contractors – must be cognizant of relevant state-law pronouncements regarding the use of marijuana (i.e., cannabis) by employees. While one case found in favor of the employer, and the other in favor of the employee, these decisions have emphasized that state law protections for users…
Guidance on Employers’ Obligations Under the New York City’s Disability Discrimination Laws Issued

Our colleagues Susan Gross Sholinsky, Nancy Gunzenhauser Popper, and Amanda M. Gómez at Epstein Becker Green has a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the health care industry: “NYC Commission on Human Rights Issues Guidance on Employers’ Obligations Under the City’s…
Sixth Circuit Finds Title VII Covers Discrimination Based on Transgender Status

In a significant decision on Wednesday, March 6, 2018, the U.S. Court of Appeals for the Sixth Circuit held in EEOC v. R.G. &. G.R. Harris Funeral Homes that discrimination against a worker on the basis of gender identity or transitioning status constitutes sex discrimination that violates Title VII.
In R.G. & G.R., the…
Appeals Court Rules That Civil Rights Act Prohibits Anti-Gay Discrimination – Employment Law This Week
Featured on Employment Law This Week: Second Circuit: Title VII Covers Sexual Orientation Discrimination.
“Legal doctrine evolves.” Those words from the Second Circuit spoke volumes as the court ruled that Title VII of the Civil Rights Act prohibits sexual orientation discrimination, overturning their own long-standing precedent. The court ruled in favor of a skydiving…