Trends in Discrimination Law

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Trends in Discrimination Law"

Transcription

1 Trends in Discrimination Law A. Martin Wickliff, Jr. April 2015 *Paper was adopted from a prior presentation by David L. Barron

2 Agenda Latest EEOC Statistics EEOC Enforcement Guidance on Background Checks Emerging Trends Family Responsibilities Discrimination Pregnancy Discrimination Sexual Orientation/Trans-Gender Impact of Social Media

3 Latest EEOC Statistics

4 Number of EEOC Charges

5 EEOC Focus on Systemic Cases Systemic Investigations Completed Settlements Lawsuits Money Recovered $13M $40 $36.2M $9.6M 25% of EEOC litigation docket is class or systemic actions

6 Interesting EEOC Trends Texas is No. 1 state for EEOC charges (followed by Florida and California). About 75% of cases mediated at EEOC are successfully resolved Retaliation charges are most common allegation

7 EEOC Enforcement Guidance on Background Checks

8 EEOC Enforcement Guidance EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII (April 2012)

9 EEOC Guidance Cont d Use of Arrests in Hiring Process EEOC Position is that such practices are discriminatory because of an adverse impact on minority groups But, employer can lawfully rely upon conduct, not fact of arrest, as disqualifying factor. Use of Convictions in Hiring Process Employers may not have blanket policies excluding those with convictions Risk of adverse impact on minority groups Must be job related and consistent with business necessity

10 Use of Criminal History in Employment Decisions EEOC wants employers to perform an individualized, multifactor analysis Suggested factors to consider: specific job duties time elapsed since offense age at time of offense seriousness of offense evidence of successful rehabilitation

11 Recent Lawsuits/Settlements 1) Party City paid $95,000 fine and required to remove criminal history inquiry from employment application (settlement with NY AG office) 2) Pepsi - $3.13M settlement with EEOC in 2012 EEOC found reasonable cause to believe that Pepsi s criminal background check policy disproportionately excluded African-American applicants 3) Bed, Bath & Beyond - $125,000 settlement with NY AG office in 2014 after an HR manager allegedly said that the company did not hire individuals with felony convictions

12 Employers Fight Back In 2013, EEOC filed suit against BMW alleging that its background check policies disproportionately excluded African-American applicants. BMW requested that the EEOC answer questions about its own use of background checks in hiring process EEOC resisted and lost. In 2014, Texas filed lawsuit against EEOC arguing that enforcement guidance would conflict with state s no-felon rule. The lawsuit was dismissed for lack of standing and is on appeal at Fifth Circuit. In February 2015, the Fourth Circuit upheld the dismissal of a disparate impact case involving credit and criminal checks against convention services company Freeman. The Court hammered the EEOC s expert for being utterly unreliable and making a mind-boggling number of errors. The Court criticized the EEOC s continued reliance on the expert after being discounted as unreliable by multiple courts.

13 Ban the Box Legislation These laws typically prohibit criminal history questions on initial written application forms/during initial interview/before conditional offer of employment. Existing state/city laws applicable to private employers: Massachusetts Hawaii Rhode Island Minnesota Philadelphia Baltimore Newark Buffalo, Rochester Seattle San Francisco Illinois (effective Jan 1, 2015) New Jersey (effective March 1, 2015) District of Columbia (effective October 2014)

14 Emerging Trends

15 Family Responsibility Discrimination Family Responsibility Discrimination (FRD) claims up by >400% from 2000 to 2010 In next 20 yrs, 40% of workforce will be caring for the elderly

16 Family Responsibility Discrimination No federal law explicitly prohibiting FRD State laws and city ordinances Alaska prohibits discrimination based on parenthood Executive Order prohibiting discrimination against federal employees based on parental status.

17 EEOC Guidance on Unlawful Treatment of Workers with Caregiving Responsibilities Title VII Different treatment of women with children/men with children Different treatment of women with young children Stereotyping of women as mothers (i.e. not available to work extra hours, etc.) Denial of leave to male caregivers v. women caregivers Stereotyping based on flexible work arrangement Pregnancy Discrimination Light duty for pregnant employees versus other temporary disabilities Stereotyping regarding interest in promotions, travel, overtime Americans with Disabilities Act (ADA) Association with family member who is disabled

18 Do You Have This Supervisor? Important job must be completed tomorrow high profile. Male is the only employee who is available today. Supervisor feels he can t ask female coworkers to work late because they have small children, and he can t discipline them for not being able to do so. Supervisor feels his hands are tied

19 Practical Steps to Stem The Tide of FRD Claims Examine policies and practices to ensure family friendly workplace policies are not viewed as stigmas Flex or part-time work schedules Telecommuting policies Ensure policies are applied appropriately and uniformly Train supervisors on FRD Train employees on appropriate conduct Incorporate family caregiving into anti-harassment training Train supervisors to avoid co-worker backlash

20 What to Do When Michael Becomes Michelle?

21 HERO Houston s HERO Ordinance Adds Sexual Orientation and Trans-Gender Status to Protected Classes

22 HERO Provisions 180 days to file complaint City will refer the complaint to the appropriate agency if the claim states a claim under existing federal or state law No right to civil damages No specific requirement regarding bathroom access

23 Price Waterhouse v. Hopkins Sex-stereotyping is a form of sex discrimination prohibited by Title VII: We are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotype associated with their group

24 Lopez v. River Oaks Imaging & Diagnostic Group (2008) Employer in Houston, TX rescinded job offer to an employee after HR discovered she was really a he. Lopez transsexuality is not a bar to her sex stereotyping claim. Title VII is violated when an employer discriminates against any employee, trans-sexual or not, because he or she has failed to act or appear sufficiently masculine or feminine enough for an employer.

25 Justice Dept. Memo (2014) On December 15, 2014, the Justice Department issued a memorandum making clear its enforcement policy that federal discrimination laws should be interpreted as prohibiting discrimination based on gender identity. The EEOC issued a previous opinion in April 2012 holding that intentional discrimination against a transgender individual because that person is trans-gender is, by definition, discrimination based on sex. Note: On February 25, Dept. of Labor issued final FMLA regulations recognizing same sex marriage within definition of spouse.

26 Rise of Social Media

27 Monitoring Social Media What About the Employee s Right to privacy? States that prohibit employers from requiring employees or jobapplicants to provide passwords for social media accounts: Arkansas California Colorado Illinois Maryland Michigan Nevada New Jersey New Mexico Oregon Utah Washington

28 WHAT IF? A rejected applicant had one of these pictures on his/her public Facebook page?

29 Can You Follow Your Employees? Twitter wanted to share with the world how she felt about a job offer. Cisco was following :

30 Digital & Textual Harassment Internet s Social Media Cell phones/smartphones

31 90% of American adults have a mobile device

32 High Tech Revolution OMG, u look gr8 [T]ext messaging is the most revealing of the true thoughts the unretrained thoughts - of the harasser They bang it out real quick, late at night, after a couple glasses of wine. They don t think twice about it. And they make big mistakes Textual Harassment on the Rise The National Law Journal, July 20, 2009

The EEOC & New Battlegrounds W. David Paxton Lindsey A. Coley

The EEOC & New Battlegrounds W. David Paxton Lindsey A. Coley The EEOC & New Battlegrounds W. David Paxton Lindsey A. Coley 1 Hot Issues EEOC litigation Pregnancy discrimination Sex stereotyping discrimination Hiring issues Disability issues 2 EEOC Litigation FY2014

More information

MS STATE PERSONNEL BOARD. Title Goes Here. EEO LAW UPDATE May 21, Presented By: Tim W. Lindsay Ridgeland, MS

MS STATE PERSONNEL BOARD. Title Goes Here. EEO LAW UPDATE May 21, Presented By: Tim W. Lindsay Ridgeland, MS MS STATE PERSONNEL BOARD Title Goes Here EEO LAW UPDATE May 21, 2013 Presented By: Tim W. Lindsay Ridgeland, MS FY 2012 EEOC Charge Statistics Mississippi Total Charges Filed 1,869 (1.9% of US) Race/Color

More information

2015 Atkinson, Andelson, Loya, Ruud & Romo. History of the EEOC. Current Role of the EEOC. Strategic Enforcement Plan 2013-2016

2015 Atkinson, Andelson, Loya, Ruud & Romo. History of the EEOC. Current Role of the EEOC. Strategic Enforcement Plan 2013-2016 Sex Discrimination: What it Looks Like in 2015 2015 Employment Law Conference Session 1 Prepared by: Susan M. Steward Cerritos Fresno Irvine Pasadena Pleasanton Riverside Sacramento San Diego The Equal

More information

Know Your Rights Under the San Francisco Fair Chance Ordinance

Know Your Rights Under the San Francisco Fair Chance Ordinance Know Your Rights Under the San Francisco Fair Chance Ordinance February 26, 2014 Michelle Natividad Rodriguez Staff Attorney mrodriguez@nelp.org About 1 in 4 U.S. Adults Has an Arrest or Conviction Record

More information

2016 CLM Annual Conference April 6-8, 2016 Orlando, FL ARE YOU READY FOR MS. COX? TRANSGENDER INDIVIDUALS AND EPL ISSUES FACING EMPLOYERS

2016 CLM Annual Conference April 6-8, 2016 Orlando, FL ARE YOU READY FOR MS. COX? TRANSGENDER INDIVIDUALS AND EPL ISSUES FACING EMPLOYERS 2016 CLM Annual Conference April 6-8, 2016 Orlando, FL ARE YOU READY FOR MS. COX? TRANSGENDER INDIVIDUALS AND EPL ISSUES FACING EMPLOYERS I. Media Attention to Transgenders Raises Awareness. Caitlin Jenner

More information

Caregiver Discrimination. by Patti J. Skoglund

Caregiver Discrimination. by Patti J. Skoglund : by Patti J. Skoglund pskoglund@jlolaw.com 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 EMPLOYMENT LAW WHAT S NEW? I. FAMILY RESPONSIBILITY DISCRIMINATION FRD New

More information

So what do you really know about the candidates

So what do you really know about the candidates 44 PROFITABLE RESTAURATEURS ARE ALWAYS LEARNING IN-HOUSE COUNSEL Do Ask, Do Tell Vetting Employee Applicants Without Breaking the Law Questions on an employment application that could elicit information

More information

Thresholds for Coverage under State Employment Laws

Thresholds for Coverage under State Employment Laws Thresholds for Coverage under State Employment Laws January 2014 Coverage under various federal and state labor laws is generally determined by the number of individuals a company employs. As such, not

More information

Supreme Court Strikes Down DOMA, Clears Way for Same-Sex Marriage in California

Supreme Court Strikes Down DOMA, Clears Way for Same-Sex Marriage in California Brought to you by Alamo Insurance Group Supreme Court Strikes Down DOMA, Clears Way for Same-Sex On June 26, 2013, the U.S. Supreme Court announced decisions in two significant cases regarding laws affecting

More information

The Official Word on EEOC: An Overview of Important Laws & Regulations. Presenter: Corbett Anderson Assistant EEOC Legal Counsel for Coordination

The Official Word on EEOC: An Overview of Important Laws & Regulations. Presenter: Corbett Anderson Assistant EEOC Legal Counsel for Coordination The Official Word on EEOC: An Overview of Important Laws & Regulations Presenter: Corbett Anderson Assistant EEOC Legal Counsel for Coordination Equal Employment Opportunity Commission Bipartisan, 5-member

More information

FELONY DUI SYNOPSIS. 46 states have felony DUI. Charts 1 and 2 detail the felony threshold for each of the 46 states analyzed.

FELONY DUI SYNOPSIS. 46 states have felony DUI. Charts 1 and 2 detail the felony threshold for each of the 46 states analyzed. FELONY DUI SYNOPSIS The information in the following charts was compiled by examining the felony DUI laws in all 50 sates and the District of Columbia. The analysis focuses on the felony DUI threshold,

More information

WELCOME. EEO Laws That Impact Small Businesses. Michelle Crew. By Michelle Crew, Settlement Officer U.S. Equal Employment Opportunity Commission

WELCOME. EEO Laws That Impact Small Businesses. Michelle Crew. By Michelle Crew, Settlement Officer U.S. Equal Employment Opportunity Commission WELCOME To the Advanced CBA ReadyTalk Webinar Training Equal Employment Opportunity Commission January 9, 2007 11:00 a.m. 12:00 p.m. Eastern Standard Time Please: Check Browser for plug-ins Un-plug PDAs

More information

State FCRA Rulings. Abide by the Federal Trade Commission s Fair Credit Reporting Act (FCRA), 15 U. S. C. 1661 et seq. and the following state ruling:

State FCRA Rulings. Abide by the Federal Trade Commission s Fair Credit Reporting Act (FCRA), 15 U. S. C. 1661 et seq. and the following state ruling: State FCRA Rulings Alabama Alaska and the following state ruling: AS 12.62.160 (b) (8)Release and Use of Criminal Justice Information Subject to the requirements of this section, and except as otherwise

More information

Impacts of Sequestration on the States

Impacts of Sequestration on the States Impacts of Sequestration on the States Alabama Alabama will lose about $230,000 in Justice Assistance Grants that support law STOP Violence Against Women Program: Alabama could lose up to $102,000 in funds

More information

HEALTH CARE RIGHTS AND TRANSGENDER PEOPLE March 2012

HEALTH CARE RIGHTS AND TRANSGENDER PEOPLE March 2012 HEALTH CARE RIGHTS AND TRANSGENDER PEOPLE March 2012 For the first time, the Affordable Care Act of 2010 banned sex discrimination in many health care facilities and programs. While we still desperately

More information

Marriage Equality Relationships in the States

Marriage Equality Relationships in the States Marriage Equality Relationships in the States January 7, 2015 The legal recognition of same-sex relationships has been a divisive issue across the United States, particularly during the past two decades.

More information

All Things EEOC 2013 Update

All Things EEOC 2013 Update All Things EEOC 2013 Update Melanie V. Pate Phone: 602.262.5318 Cell: 480.231.8586 FY12 Charge Statistics 99,412 total charges filed in FY 2012 Slight decrease from FY 2011 -- Race/Color: 36.4% -- Gender:

More information

Hot Topics in Employment Law. Patrick Hicks Littler Mendelson Founding Shareholder of the Nevada Offices 702-862-8800 phicks@littler.

Hot Topics in Employment Law. Patrick Hicks Littler Mendelson Founding Shareholder of the Nevada Offices 702-862-8800 phicks@littler. Hot Topics in Employment Law Patrick Hicks Littler Mendelson Founding Shareholder of the Nevada Offices 702-862-8800 phicks@littler.com Settlements and Verdicts 2 A Growing Concern The monetary value of

More information

FACT SHEET. Language Assistance to Persons with Limited English Proficiency (LEP).

FACT SHEET. Language Assistance to Persons with Limited English Proficiency (LEP). FACT SHEET Office of Civil Rights Washington, D.C. 20201 (202) 619-0403 Language Assistance to Persons with Limited English Proficiency (LEP). To ensure that persons with limited English skills can effectively

More information

Background Checks: Who, What, Where, When, Why, and How

Background Checks: Who, What, Where, When, Why, and How Background Checks: Who, What, Where, When, Why, and How Ethan M. Dennis 215.640.8427 edennis@clarkhill.com Stephanie K. Rawitt 215.640.8515 srawitt@clarkhill.com FIVE W S AND ONE H OF BACKGROUND CHECKS

More information

Using Criminal History Records to Make Personnel Decisions

Using Criminal History Records to Make Personnel Decisions Using Criminal History Records to Make Personnel Decisions TASPA/TAEE 2014 Winter Conference December 11, 2014 Amber K. King Thompson & Horton LLP 3200 Southwest Freeway, Suite 2000 Houston, Texas 77027

More information

U.S. Equal Employment Opportunity Commission. Elaine McArthur Outreach and Training Manager

U.S. Equal Employment Opportunity Commission. Elaine McArthur Outreach and Training Manager U.S. Equal Employment Opportunity Commission Elaine McArthur Outreach and Training Manager November 14, 2013 U.S. Equal Employment Opportunity Commission www.eeoc.gov The EEOC is the key civil rights agency

More information

Medical Marijuana: The Legal Landscape. Rachelle Yeung, J.D. Legislative Analyst, Marijuana Policy Project

Medical Marijuana: The Legal Landscape. Rachelle Yeung, J.D. Legislative Analyst, Marijuana Policy Project Medical Marijuana: The Legal Landscape Rachelle Yeung, J.D. Legislative Analyst, Marijuana Policy Project Virginia s Medical Marijuana Law Currently, possession of even a single joint is punishable by:

More information

2014 Employment Law Update South Central Industrial Association. November 6, 2014 Houma, Louisiana

2014 Employment Law Update South Central Industrial Association. November 6, 2014 Houma, Louisiana 2014 Employment Law Update South Central Industrial Association November 6, 2014 Houma, Louisiana Which is Riskier? Hiring Criminals or Conducting Background Checks? Presented by: Timothy H. Scott Phone:

More information

Compliance and Employee Engagement Solutions, LLC Employee Relations that Count.

Compliance and Employee Engagement Solutions, LLC Employee Relations that Count. Compliance and Employee Engagement Solutions, LLC Court and Federal Developments in Employment Law Topics 1. Pregnancy and Accommodation policies 2. Religious Accommodation 3. Employment Benefits Regardless

More information

State Laws and Their Impact on Use of Criminal Records for Employment Purposes

State Laws and Their Impact on Use of Criminal Records for Employment Purposes Laws and Their Impact on Use of Criminal Records for Employment Purposes While the FCRA and EEOC provide a legal framework under which consumer reporting agencies and employers report and use criminal

More information

EMPLOYMENT PRACTICES LIABILITY INSURANCE APPLICATION

EMPLOYMENT PRACTICES LIABILITY INSURANCE APPLICATION 595 STEWART AVE GARDEN CITY, NEW YORK 11530-4735 P 516-745-1111 F 516-745-5733 SOBELINS.COM EMPLOYMENT PRACTICES LIABILITY INSURANCE APPLICATION NOTICE: THE POLICY FOR WHICH THIS APPLICATION IS SUBMITTED

More information

Bass, Berry & Sims Presents An Employer s Guide to Navigating the EEOC s 2013 Initiatives

Bass, Berry & Sims Presents An Employer s Guide to Navigating the EEOC s 2013 Initiatives Bass, Berry & Sims Presents An Employer s Guide to Navigating the EEOC s 2013 Initiatives Table of Contents Introduction 1 Background: The EEOC s Strategic Enforcement Plan 2-3 What Can Employers Expect

More information

September 2014. The bill itself can be viewed at: https://malegislature.gov/laws/sessionlaws/acts/2014/chapter260

September 2014. The bill itself can be viewed at: https://malegislature.gov/laws/sessionlaws/acts/2014/chapter260 September 2014 Additional information will be forthcoming related to any required change in Matrix s process, practice, written or verbal employee communications as a result of these new laws. Massachusetts

More information

FAMILY RESPONSIBILITY DISCRIMINATION

FAMILY RESPONSIBILITY DISCRIMINATION Michele Ballard Miller Miller Law Group 500 Sansome Street Suite 400 San Francisco, CA 94111 tel: 415-464-4300 fax: 415-464-4336 www.millerlawgroup.com Although not specifically prohibited by federal anti-bias

More information

EMPLOYMENT PRACTICES LIABILITY INSURANCE SUPPLEMENTAL APPLICATION

EMPLOYMENT PRACTICES LIABILITY INSURANCE SUPPLEMENTAL APPLICATION EMPLOYMENT PRACTICES LIABILITY INSURANCE SUPPLEMENTAL APPLICATION NOTICES: THE EMPLOYMENT PRACTICES LIABILITY COVERAGE PART/ENDORSEMENT PROVIDES THAT THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR

More information

Federal Employment Discrimination Law: Title VII Standards that Relate to People with Criminal Records

Federal Employment Discrimination Law: Title VII Standards that Relate to People with Criminal Records Federal Employment Discrimination Law: Title VII Standards that Relate to People with Criminal Records Updated November 30, 2009 Madeline Neighly Margaret (Peggy) Stevenson Oakland, California (510) 409-2427

More information

Retaliation and Whistleblower Claims

Retaliation and Whistleblower Claims Retaliation and Whistleblower Claims 2012 Labor and Employment Relations Law Seminar Thomas W. Scrivner TWScrivner@michaelbest.com This presentation is intended for general information purposes only and

More information

Daniel L. Thieme. Focus Areas. Overview

Daniel L. Thieme. Focus Areas. Overview Shareholder One Union Square 600 University Street, Suite 3200 98101 main: (206) 623-3300 direct: (206) 381-4930 fax: (206) 447-6965 dthieme@littler.com Focus Areas Class Actions Wage and Hour Business

More information

Pitfalls of Social Media in the Workplace

Pitfalls of Social Media in the Workplace Pitfalls of Social Media in the Workplace Presented by Michael C. Terrell Taft Stettinius & Hollister LLP 1 Overview of Social Media Popular Sites: Facebook Twitter LinkedIn Pinterest Google Tumblr Instagram

More information

Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014

Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014 Title Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014 1. Purpose The SCA is committed to providing

More information

Seattle Job Assistance Legislation Regulating the use of criminal history in employment decisions. Frequently Asked Questions

Seattle Job Assistance Legislation Regulating the use of criminal history in employment decisions. Frequently Asked Questions Seattle Job Assistance Legislation Regulating the use of criminal history in employment decisions Frequently Asked Questions This Frequently Asked Questions (FAQ) sheet addresses some of the most common

More information

EEOC and Employer Considerations on Title VII and the Strategic Enforcement Plan

EEOC and Employer Considerations on Title VII and the Strategic Enforcement Plan EEOC and Employer Considerations on Title VII and the Strategic Enforcement Plan You ve heard about how EEOC has become far more aggressive in enforcing its regulations in the workplace. Want to know the

More information

Public School Teacher Experience Distribution. Public School Teacher Experience Distribution

Public School Teacher Experience Distribution. Public School Teacher Experience Distribution Public School Teacher Experience Distribution Lower Quartile Median Upper Quartile Mode Alabama Percent of Teachers FY Public School Teacher Experience Distribution Lower Quartile Median Upper Quartile

More information

PROBATION VS. PAROLE STATE BY STATE COMPARISON

PROBATION VS. PAROLE STATE BY STATE COMPARISON STATE ADULT SUPERVISION UNIFIED LOCATION CLASSIFICATION ARMED ARREST POWERS JUVENILE SUPERVISION UNIFIED LOCATION CLASSIFICATION ARMED ARREST POWERS Alabama Alaska Arizona Arkansas California Legislative

More information

Nonprofit Directors & Officers Liability Insurance

Nonprofit Directors & Officers Liability Insurance Nonprofit Directors & Officers Liability Insurance CLAIMS MADE WARNING FOR APPLICATION THIS PROPOSAL FORM IS FOR A CLAIMS MADE AND REPORTED POLICY, RELATING TO CLAIMS MADE AGAINST THE INSUREDS DURING THE

More information

KNOW YOUR RIGHTS KNOW YOUR RIGHTS. A Guide for Trans and Gender Nonconforming Students

KNOW YOUR RIGHTS KNOW YOUR RIGHTS. A Guide for Trans and Gender Nonconforming Students KNOW YOUR RIGHTS KNOW YOUR RIGHTS A Guide for Trans and Gender Nonconforming Students KNOW YOUR RIGHTS: A GUIDE FOR TRANS AND GENDER NONCONFORMING STUDENTS Whether you re a girl who doesn t act like one,

More information

Vicki Phipps. Focus Areas. Overview

Vicki Phipps. Focus Areas. Overview Shareholder 1301 McKinney Street Suite 1900 77010 main: (713) 951-9400 direct: (713) 652-4708 fax: (713) 951-9212 vphipps@littler.com Focus Areas Higher Education Healthcare Discrimination and Harassment

More information

Employment Practices Liability Claims Scenarios

Employment Practices Liability Claims Scenarios California Sexual Harassment A former employee of a fitness center sued her employer alleging that she and other female employees were subjected to sexual harassment by male club managers, salesmen and

More information

NON-RESIDENT INDEPENDENT, PUBLIC, AND COMPANY ADJUSTER LICENSING CHECKLIST

NON-RESIDENT INDEPENDENT, PUBLIC, AND COMPANY ADJUSTER LICENSING CHECKLIST NON-RESIDENT INDEPENDENT, PUBLIC, AND COMPANY ADJUSTER LICENSING CHECKLIST ** Utilize this list to determine whether or not a non-resident applicant may waive the Oklahoma examination or become licensed

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) CONSENT JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) CONSENT JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, et al., v. Plaintiffs, HSBC NORTH AMERICA HOLDINGS INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil

More information

A GUIDE TO VOTING LEAVE LAWS BY STATE

A GUIDE TO VOTING LEAVE LAWS BY STATE State Alabama Public and private s Time necessary to vote, not exceeding one hour, unless employee has two hours before work or after work available to vote. Alaska All s Not specified, but must allow

More information

Moreover, sexual harassment is a violation of federal, state and county fair employment laws.

Moreover, sexual harassment is a violation of federal, state and county fair employment laws. Sexual harassment interferes with a productive working environment, interjects irrelevant considerations into personnel decisions and generally demeans employees who are victims of harassment. Moreover,

More information

D.C. Code Ann. Prohibits employment discrimination on the basis of tobacco use except where

D.C. Code Ann. Prohibits employment discrimination on the basis of tobacco use except where National Conference of State Legislatures Discrimination Laws Regarding Off-Duty Conduct Updated October 18, 2010 The issue of employees' rights to engage in certain off-duty activities and in the competing

More information

Summary of the State Elder Abuse. Questionnaire for Connecticut

Summary of the State Elder Abuse. Questionnaire for Connecticut Summary of the State Elder Abuse Questionnaire for Connecticut A Final Report to: Department of Social Services February 2002 Prepared by Researchers at The University of Iowa Department of Family Medicine

More information

SAME-SEX ADOPTION LAWS BY STATE

SAME-SEX ADOPTION LAWS BY STATE SAME-SEX ADOPTION LAWS BY STATE The issue of adoption by same-sex couples has moved to the forefront in recent years. Liberty Counsel was instrumental in upholding the constitutionality of Florida s ban

More information

Chex Systems, Inc. does not currently charge a fee to place, lift or remove a freeze; however, we reserve the right to apply the following fees:

Chex Systems, Inc. does not currently charge a fee to place, lift or remove a freeze; however, we reserve the right to apply the following fees: Chex Systems, Inc. does not currently charge a fee to place, lift or remove a freeze; however, we reserve the right to apply the following fees: Security Freeze Table AA, AP and AE Military addresses*

More information

List of State DMV Websites

List of State DMV Websites List of State DMV Websites Alabama Alabama Department of Revenue Motor Vehicle Division http://www.ador.state.al.us/motorvehicle/index.html Alaska Alaska Department of Administration Division of Motor

More information

Employee Relations. Howard S. Lavin and Elizabeth E. DiMichele

Employee Relations. Howard S. Lavin and Elizabeth E. DiMichele VOL. 34, NO. 4 SPRING 2009 Employee Relations L A W J O U R N A L Split Circuits Does Charging Party s Receipt of a Right-to-Sue Letter and Commencement of a Lawsuit Divest the EEOC of its Investigative

More information

EEOC-Denver Field Office

EEOC-Denver Field Office EEOC-Denver Field Office Laws EEOC enforces Title VII of the Civil Rights Act of 1964 (Title VII) 15 employees or more Equal Pay Act of 1963 (EPA) At least one other employee of the opposite sex Age Discrimination

More information

Workers Compensation State Guidelines & Availability

Workers Compensation State Guidelines & Availability ALABAMA Alabama State Specific Release Form Control\Release Forms_pdf\Alabama 1-2 Weeks ALASKA ARIZONA Arizona State Specific Release Form Control\Release Forms_pdf\Arizona 7-8 Weeks by mail By Mail ARKANSAS

More information

Guide to On-the-Job Injuries

Guide to On-the-Job Injuries Guide to On-the-Job Injuries in the United States I got hurt on the job. What can I do? If you are hurt on the job you have a right to workers compensation benefits. You have a right to workers compensation

More information

Charge / Complaint Processing At the EEOC and the DFEH

Charge / Complaint Processing At the EEOC and the DFEH Charge / Complaint Processing At the EEOC and the DFEH Since you believe you have been discriminated or retaliated against on the basis of a protected characteristic, you should become aware of the following

More information

Posting Requirements by State

Posting Requirements by State Posting Requirements by State State Poster Postings ALABAMA Alabama (All-In-One) (Revised 02/2012) Your Job Insurance (Unemployment Insurance) Workers' Compensation Information Alabama Child Labor Law

More information

BUSINESS DEVELOPMENT OUTCOMES

BUSINESS DEVELOPMENT OUTCOMES BUSINESS DEVELOPMENT OUTCOMES Small Business Ownership Description Total number of employer firms and self-employment in the state per 100 people in the labor force, 2003. Explanation Business ownership

More information

2013 Employment Law Update: What are the Courts Saying? Anthony M. Hohn Davenport, Evans, Hurwitz & Smith, LLP

2013 Employment Law Update: What are the Courts Saying? Anthony M. Hohn Davenport, Evans, Hurwitz & Smith, LLP 2013 Employment Law Update: What are the Courts Saying? Anthony M. Hohn Davenport, Evans, Hurwitz & Smith, LLP Road Map I. What is Title VII? II. Litigation and Enforcement Trends III. Significant Case

More information

False Claims Act Regulations by State

False Claims Act Regulations by State False Claims Act Regulations by State Under the False Claims Act, 31 U.S.C. 3729-3733, those who knowingly submit, or cause another person or entity to submit, false claims for payment of The purpose of

More information

Harry E. Owens, IPMA-CP Adjunct Faculty, University of Georgia. U.S. Equal Opportunity Commission 1

Harry E. Owens, IPMA-CP Adjunct Faculty, University of Georgia. U.S. Equal Opportunity Commission 1 Harry E. Owens, IPMA-CP Adjunct Faculty, University of Georgia U.S. Equal Opportunity Commission 1 What is The Equal Employment Opportunity Commission? What are the Federal Laws Prohibiting Job Discrimination?

More information

Three-Year Moving Averages by States % Home Internet Access

Three-Year Moving Averages by States % Home Internet Access Three-Year Moving Averages by States % Home Internet Access Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana

More information

J.V. Industrial Companies, Ltd. Dispute Resolution Process. Introduction

J.V. Industrial Companies, Ltd. Dispute Resolution Process. Introduction J.V. Industrial Companies, Ltd. Dispute Resolution Process Companies proudly bearing the Zachry name have had the Dispute Resolution Process ( DR Process ) in place since April 15, 2002. It has proven

More information

LABOR AND EMPLOYMENT ALERT

LABOR AND EMPLOYMENT ALERT November 2006 LABOR AND EMPLOYMENT ALERT SEXUAL HARASSMENT AND RETALIATION IN THE WORKPLACE: WHAT NONPROFITS NEED TO KNOW When it comes to the law of sexual harassment and retaliation, nonprofit organizations

More information

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE EEOC S LAWS and UNLAWFUL DISCRIMINATION Presented by Eddie Mary Daniel Abdulhaqq Program Analyst/Small Business Liaison U.S. EQUAL EMPLOYMENT OPPORTUNITY

More information

Tax Research: Understanding Sources of Tax Law (Why my IRC beats your Rev Proc!)

Tax Research: Understanding Sources of Tax Law (Why my IRC beats your Rev Proc!) Tax Research: Understanding Sources of Tax Law (Why my IRC beats your Rev Proc!) Understanding the Federal Courts There are three levels of Federal courts that hear tax cases. At the bottom of the hierarchy,

More information

Employment Screening and Criminal Records: Pitfalls and Best Practices

Employment Screening and Criminal Records: Pitfalls and Best Practices Employment Screening and Criminal Records: Pitfalls and Best Practices Tanisha Wilburn Senior Attorney Advisor U.S. Equal Employment Opportunity Commission December 4, 2013 2 BACKGROUND April 25, 2012

More information

Wendy Musell Stewart & Musell, LLP

Wendy Musell Stewart & Musell, LLP Wendy Musell Stewart & Musell, LLP In 2011, the federal government is the Nation's largest employer with about 2.0 million civilian employees. 600,000 employees approximately in the US Postal Service Laws

More information

HIRING AND SELECTION Enforcement Priorities and Litigation Trends

HIRING AND SELECTION Enforcement Priorities and Litigation Trends HIRING AND SELECTION Enforcement Priorities and Litigation Trends (717) 237-5209 along@mwn.com ENFORCEMENT PRIORITIES AND LITIGATION TRENDS IN HIRING Recruitment, selection, and hiring decisions Claims

More information

PROJECT 375 EMPLOYMENT APPLICATION

PROJECT 375 EMPLOYMENT APPLICATION PROJECT 375 EMPLOYMENT APPLICATION Thank you for your interest in PROJECT 375. Our application process is built to ensure the very best experience for you the applicant. Please follow these instructions

More information

EMPLOYMENT LAW UPDATE. February, 2015

EMPLOYMENT LAW UPDATE. February, 2015 EMPLOYMENT LAW UPDATE February, 2015 by Bob Gregg rgregg@boardmanclark.com Boardman & Clark Law Firm Labor and Employment Practice Group www.boardmanclark.com LEGISLATIVE AND ADMINISTRATIVE ACTION EEOC

More information

Summary of the State Elder Abuse. Questionnaire for Georgia

Summary of the State Elder Abuse. Questionnaire for Georgia 1 Summary of the State Elder Abuse Questionnaire for Georgia A Final Report to: Department of Human Resources Office of Adult Services February 2002 Prepared by Researchers at The University of Iowa Department

More information

SEXUAL HARASSMENT POLICY STATEMENT

SEXUAL HARASSMENT POLICY STATEMENT SEXUAL HARASSMENT POLICY STATEMENT The company is committed to providing a workplace that is free from all forms of discrimination, including sexual harassment. Any employee's behavior that fits the definition

More information

Risk Management and Litigation Avoidance An ounce of prevention is worth a pound of cure.

Risk Management and Litigation Avoidance An ounce of prevention is worth a pound of cure. Risk Management and Litigation Avoidance Risk Management and Litigation Avoidance An ounce of prevention is worth a pound of cure. 2012 COSE Small Business Conference October 25-26, 2012 Presented by Robert

More information

Undocumented Workers Employment Rights

Undocumented Workers Employment Rights Undocumented Workers Employment Rights YOUR LEGAL RIGHTS 1. What legal rights do I have as an undocumented worker? With a few exceptions, undocumented workers enjoy the legal rights and remedies provided

More information

CRIMINAL RECORD INFORMATION STATEWIDE CRIMINAL CHECKS CRIMINAL RECORD DATABASES FAIR CREDIT REPORTING ACT RESTRICTIONS

CRIMINAL RECORD INFORMATION STATEWIDE CRIMINAL CHECKS CRIMINAL RECORD DATABASES FAIR CREDIT REPORTING ACT RESTRICTIONS CRIMINAL RECORD INFORMATION STATEWIDE CRIMINAL CHECKS CRIMINAL RECORD DATABASES FAIR CREDIT REPORTING ACT RESTRICTIONS If you have surfed the Internet you have no doubt seen all types of criminal record

More information

history on an employment application, and four states Hawaii, Massachusetts, Minnesota, and Rhode Island also ban such inquiries.

history on an employment application, and four states Hawaii, Massachusetts, Minnesota, and Rhode Island also ban such inquiries. March 2014 Another One Bans the Box: San Francisco s Fair Chance Ordinance Prohibits Criminal History Inquiries on Employment and Affordable Housing Applications and Imposes Restrictions on the Use of

More information

Licensure Resources by State

Licensure Resources by State Licensure Resources by State Alabama Alabama State Board of Social Work Examiners http://socialwork.alabama.gov/ Alaska Alaska Board of Social Work Examiners http://commerce.state.ak.us/dnn/cbpl/professionallicensing/socialworkexaminers.as

More information

Ban the Box. Betsey Lund, Attorney at Law Neils, Franz, Chirhart, P.A. www.nfclaw.com

Ban the Box. Betsey Lund, Attorney at Law Neils, Franz, Chirhart, P.A. www.nfclaw.com Ban the Box 2013 Minnesota Employment Law Update Betsey Lund, Attorney at Law Neils, Franz, Chirhart, P.A. www.nfclaw.com Sponsored by Central MN Society of Human Resource Management (CMSHRM) November

More information

False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1

False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 When Do False Claims Laws Apply? The federal False Claims Act (FCA) applies to any requests for payment from

More information

STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL CIVIL RIGHTS UNIT EMPLOYMENT DISCRIMINATION QUESTIONNAIRE

STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL CIVIL RIGHTS UNIT EMPLOYMENT DISCRIMINATION QUESTIONNAIRE STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL CIVIL RIGHTS UNIT EMPLOYMENT DISCRIMINATION QUESTIONNAIRE Does your complaint involve employment? If your answer is NO, the Attorney General's Office Civil

More information

The material presented in this presentation is not intended to provide legal or other expert advice as to any of the subjects mentioned, but rather

The material presented in this presentation is not intended to provide legal or other expert advice as to any of the subjects mentioned, but rather The material presented in this presentation is not intended to provide legal or other expert advice as to any of the subjects mentioned, but rather is presented for general information only. You should

More information

Social Media in the Workplace OMG!

Social Media in the Workplace OMG! Social Media in the Workplace OMG! June 28, 2012 Jenna Bedsole and Rachel VanNortwick Baker, Donelson, Bearman, Caldwell & Berkowitz Birmingham, Alabama 205-328-0480 jbedsole@bakerdonelson.com rvannortwick@bakerdonelson.com

More information

GW Law Alumni Elective Courses Survey

GW Law Alumni Elective Courses Survey GW Law Alumni Elective Courses Survey About You 1. Year of graduation (if you hold multiple degrees from GW Law, please select your most recent graduation year) [drop-down list included 1925-2010] 2. Practice

More information

The Basics of Sexual Harassment

The Basics of Sexual Harassment The Basics of Sexual Harassment Sexual Harassment is a violation both of Federal Law and the laws of most states. For employers, it is fairly easy to take steps to prevent sexual harassment and to defeat

More information

Using Arrest, Conviction, and Misdemeanor Information in the Hiring Process

Using Arrest, Conviction, and Misdemeanor Information in the Hiring Process Summary It is a common belief that the Equal Employment Opportunity Commission (EEOC) prohibits the use of arrest and misdemeanor information in the hiring process. As is discussed below, this is not the

More information

OVERVIEW OF BAR DISCIPLINE DIVERSION PROGRAMS (Prepared May 23, 2007) 1

OVERVIEW OF BAR DISCIPLINE DIVERSION PROGRAMS (Prepared May 23, 2007) 1 OVERVIEW OF BAR DISCIPLINE DIVERSION PROGRAMS (Prepared May 23, 2007) 1 Introduction The following information provides an overview of the states' attorney discipline diversion programs that address alcohol

More information

DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL

DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL Personnel Directive Subject: PROCEDURE FOR PREVENTING AND/OR RESOLVING PROBLEMS RELATED TO SEXUAL HARASSMENT ADOPTED BY THE BOARD OF PUBLIC WORKS, CITY OF LOS

More information

Revised 18 January 2013. The University of Texas at Austin University Compliance Services

Revised 18 January 2013. The University of Texas at Austin University Compliance Services The University of Texas at Austin University Hello and welcome. This portion of the Compliance Program will introduce you to the topic of Employment Discrimination, and the University's policies and procedures

More information

Furthering Women's Equality With NY's New Labor Laws

Furthering Women's Equality With NY's New Labor Laws Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Furthering Women's Equality With NY's New Labor Laws

More information

SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS

SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS I. PROTECTED CATEGORIES Protected Classes 42 USC 2000e-2(a)-(c) Prohibits discrimination based on race, color, religion, sex or national

More information

Atlantic Specialty Insurance Company (Stock company owned by the OneBeacon Insurance Group)

Atlantic Specialty Insurance Company (Stock company owned by the OneBeacon Insurance Group) Atlantic Specialty Insurance Company (Stock company owned by the OneBeacon Insurance Group) EMPLOYMENT PRACTICES LIABLITY INSURANCE APPLICATION NOTICE: THE POLICY FOR WHICH THIS APPLICATION

More information

PROTECTION & ADVOCACY INFORMATION PACKET EMPLOYMENT DISCRIMINATION & YOUR RIGHTS AS AN EMPLOYEE WITH A DISABILITY

PROTECTION & ADVOCACY INFORMATION PACKET EMPLOYMENT DISCRIMINATION & YOUR RIGHTS AS AN EMPLOYEE WITH A DISABILITY 3710 LANDMARK DRIVE, SUITE 208, COLUMBIA, SC 29204 803-782-0639; FAX 803-790-1946 1-866-275-7273 (VOICE& Language Line) 1-866-232-4525 (TDD) WEBSITE: WWW.PANDASC.ORG PROTECTION & ADVOCACY INFORMATION PACKET

More information

GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE

GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE ANDREW M. CUOMO Governor HELEN DIANE FOSTER Commissioner GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE STATUTORY REQUIREMENTS Sex discrimination is unlawful pursuant to the New York

More information

Criminal Background Checks: What are your Rights? by Susannah Ashton and April Frazier

Criminal Background Checks: What are your Rights? by Susannah Ashton and April Frazier A Project of Legal Action Center Criminal Background Checks: What are your Rights? by Susannah Ashton and April Frazier There is a need to insure that consumer reporting agencies exercise their grave responsibilities

More information

EMPLOYMENT DISCRIMINATION Get The Facts

EMPLOYMENT DISCRIMINATION Get The Facts Tom Horne Arizona Attorney General Always remain alert and prepared to protect you and your family Arizona Attorney General s Office 1275 West Washington Street Phoenix, Arizona 85007 602.542.5025 400

More information

TIPS FOR RESPONDING TO EEOC COMPLAINTS PRESENTED BY: RICHARD D. ALANIZ

TIPS FOR RESPONDING TO EEOC COMPLAINTS PRESENTED BY: RICHARD D. ALANIZ TIPS FOR RESPONDING TO EEOC COMPLAINTS PRESENTED BY: RICHARD D. ALANIZ ERA OF ACTIVE ENFORCEMENT Over the last several years, government agencies that regulate the workplace have been in a mode of aggressive

More information

Terri M. Solomon. Practice Areas. Overview

Terri M. Solomon. Practice Areas. Overview Shareholder 900 Third Avenue New York, NY 10022 main: (212) 583-9600 direct: (212) 583-2662 fax: (212) 832-2719 tsolomon@littler.com Practice Areas Discrimination and Harassment Business Restructuring

More information