OFCCP Launches Hotline to Receive Reports Regarding Contractors’ Prohibited Race and Sex Stereotyping

The U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) announced its new hotline and email address to provide a forum to report noncompliance with Executive Order 11246 as well as President Trump’s recent executive order, which curtails certain employee diversity and inclusion training.

As recently reported, on September 22, 2020, President Trump issued an unprecedented “Executive Order on Combating Race and Sex Stereotyping” (Executive Order 13950) in an effort to “to combat offensive and anti-American race and sex stereotyping and scapegoating” through a variety of measures. Executive Order 13950 significantly limits the diversity trainings federal contractors may offer and requires contractors to add contract provisions prohibiting “race and sex stereotyping” in their subcontracts and purchase orders, among other requirements. Executive Order 13950 also directed the OFCCP to create a hotline where employees could report suspected violations of Executive Order 13950’s requirements, in addition to violations of long-standing Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity and national origin, and prohibits inquiring about, discussing or disclosing one’s compensation or the compensation of others.

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State & Local Employment Law Developments: Q3 2020

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance. (Please note that developments specifically related to COVID-19 are not included.) This quarter, state and local legislatures were particularly active in passing laws addressing employee classification, sexual harassment training, lactation accommodation, criminal background inquiries and a variety of unpaid and paid leaves.

For the full alert, visit the Faegre Drinker website.

Tenth Circuit Ruling Shows Bostock’s Impact on Title VII Employment Litigation

In the wake of the Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBT community, many have wondered how that decision might impact other employment litigation under Title VII of the Civil Rights Act of 1964. The Tenth Circuit’s recent decision in Frappied v. Affinity Gaming Black Hawk, LLC, No. 19-1063 (10th Cir. 2020), suggests that, following Bostock, courts may begin to recognize new claims or even reconsider prior limitations on Title VII’s scope.

For the full alert, visit the Faegre Drinker website.

NLRB Decision Gives Employers More Freedom to Address Offensive and Abusive Conduct

On July 21, 2020, the National Labor Relations Board (NLRB or the Board) issued a long-awaited decision giving employers more freedom to discipline employees who engage in abusive, obscene or profane conduct in connection with their work. In General Motors, LLC, 369 NLRB No. 127 (2020), the NLRB rejected three context-specific rules formerly used to assess whether an employee’s inappropriate conduct is protected by Section 7 of the National Labor Relations Act (NLRA or the Act). Instead, the NLRB will now assess that conduct under the Wright Line standard, which is used to evaluate all other claims of discriminatory conduct under the Act.

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A Genetic Mutation That Interferes With Normal Cell Growth May Qualify as a Disability Under the ADA

In a case of first impression at the circuit level, the Sixth Circuit Court of Appeals reversed dismissal of a disability discrimination complaint because the plaintiff had plausibly alleged a condition covered by the Americans with Disabilities Act (ADA) based on a genetic mutation causing abnormal cell development.

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State & Local Employment Law Developments: Q1/Q2 2020

State and local governments are increasingly regulating the workplace. In the first and second quarters of 2020 alone, legislatures were particularly active in passing laws addressing sexual harassment training, discrimination including hair discrimination, criminal background inquiries, salary history, and a variety of unpaid and paid leaves. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance. (Please note that developments specifically related to COVID-19 are not included in this update.)

Continue reading “State & Local Employment Law Developments: Q1/Q2 2020”