Portsmouth603.436.2818

Concord603.226.0400

Manchester603.625.6464

Woburn781.904.2700

LEGAL UPDATE:The Year in Review

Presented by:Charla B. Stevens, Esq.

The Year in Review

• EEOCU.S. job discrimination complaints down.

93,727 charges in 2013, down 5,685 from 2012

Complaints based on retaliation are up slightly and the most-commonly filed (38,539)

EEOC – Year In Review (contd.)

• Collected a record $372 million from employers in 2013

• Statistics now include settlement amounts

• Increased focus on more “subtle” types of discrimination

EEOC Enforcement

Criminal Background Checks – FTC and EEOC working together

• Must get applicant’s written permission• Applicant’s right to review report for accuracy• Reason for denying employment must be job-

related and consistent with business necessity

EEOC Enforcement

• New guidance on religious garb and grooming in the workplace

Accommodate religiously-mandated dress and grooming practices unless it would pose an undue hardship

But do not segregate workers to non-customer service positions because of religious attire

Customer preference not a defense to a discrimination claim

Unemployment Discrimination

Likely to be EEOC focus in 2014

New state and local laws banning discrimination on unemployment status (DC, NJ, Oregon, NYC, Madison, Wisc.)

Tips to follow:

Consider adding “unemployment status” to list of protected categories

Train hiring employees and supervisors

Review current job advertising

EEOC Strategic Enforcement 2013 and

Beyond

• Enforcing equal pay laws – gender discrimination in compensation systems

• Pregnancy DiscriminationMore-expansive accommodations for pregnant

employees (Pregnancy Discrimination Act)Disabilities arising from pregnancy

• Coverage of LGBT under Title VII sex discrimination provisions (sexual stereotyping)

NLRB

• Focus on at will employment and social media provisions in employer handbooks

• Expanding employer’s duty to furnish financial information to unions during bargaining

United States Department of Labor

• President Obama instructs USDOL to overhaul the FLSA Exemptions

Other Developments

• GINA enforcement increasing (66% increase in filings in 3 years)

Genetic information covers employees/applicants, but also their families

Covers info. about prior or present diseases

• Separation Agreements (EEOC v. CVS)

Restrictions on release or waiver of right to file EEOC charge

Cannot limit right to testify or assist in EEOC investigation

NH Commission for Human Rights

• 234 charges filed in 2013 (222 employment related), down from 284 in 2012

• Backlogs rule the day• Employees quick to remove claims to

state or federal court

State Legislation and Regulation

• Non-Competition Agreements• Paycheck Equity• Minimum Wage• Credit History As a Factor in

Employment Decisions

State Legislation and Regulation

• Discrimination Against the Unemployed• Social Media and Privacy• Protection for Victims of Domestic

Violence• Nursing Mothers

Federal Legislation

• Section 127 – Employee Educational Assistance

• Working Families Flexibility Act of 2013

Federal and State Case Law

U. of Texas SW Medical Center v. Nassar Vance v. Ball StateSandifer v. U.S. Steel Leeds v. BAE Systems (NH Supreme Ct.)

Portsmouth603.436.2818

Concord603.226.0400

Manchester603.625.6464

Woburn781.904.2700

McLane’s Employment Law Practice Group

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