On June 1, 2015, in an 8-1 decision, the United States Supreme Court reversed the Tenth Circuit Court of Appeal’s decision in favor of Abercrombie & Fitch in EEOC v. Abercrombie & Fitch Stores, Inc. (PDF) — a case involving a failure-to-accommodate religious discrimination claim under Title VII of the Civil Rights Act of 1964.
Continue Reading U.S. Supreme Court Reverses 10th Circuit in EEOC v. Abercrombie Hijab Case
Colorado Discrimination Claims Soon To Be More Treacherous For Employers
Five years in the making (previously introduced without success in 2009, 2010, 2011, and 2012), the Job Protection and Civil Rights Enforcement Act of 2013 (HB 13-1136) (PDF) was introduced again this year in the House on January 18, 2013, and took less than five months to pass through both branches of the Colorado legislature and get signed into law by the Governor on May 6, 2013, despite considerable opposition from business groups.
Effective January 1, 2015, the Job Protection and Civil Rights Enforcement Act of 2013 significantly amends the Colorado Anti-Discrimination Act (CADA) to allow for the recovery of compensatory and punitive damages and prevailing plaintiff attorneys’ fees, among other changes, in employment discrimination cases brought under Colorado state law.
Regardless of size, small employers (defined as less than 15 employees) and large employers (more than 15 employees) should be aware of the changes to CADA and implement proactive steps to help minimize the increased exposure to future CADA claims.Continue Reading Colorado Discrimination Claims Soon To Be More Treacherous For Employers
The Aye’s Have It – Colorado’s Civil Union Act Signed Into Law & Employment Opportunity Act Passed in Both Senate and House
While many Coloradoans are taking advantage of their last few ski days of the season, the Colorado legislature has been busy passing new, groundbreaking legislation with respect to civil unions and the use of individual credit histories in employment decisions. How will this new legislation affect employers? Read on.Continue Reading The Aye’s Have It – Colorado’s Civil Union Act Signed Into Law & Employment Opportunity Act Passed in Both Senate and House
Colorado Businesses Beware – ADA Public Accommodation “Drive-By” Lawsuits On The Rise
Known as “Drive-By Litigation,” Colorado is getting hit by a rash of lawsuits alleging that businesses are violating Title III of the Americans With Disabilities Act (ADA). Since April of this year, 20 lawsuits (and counting) have been filed against Denver area businesses by the same Plaintiff who is represented by the same two attorneys
U.S. Supreme Court Throws Curve Balls At Employers
Opening day for the Colorado Rockies at Coors Field is Friday, April 1, 2011. It is a day of excitement, anticipation, feigned illnesses, and sell out crowds. Not only does baseball season start on a Friday this year (it has been Mondays since 1905), but it also falls on April Fools Day. Given these oddities
Tenth Circuit: State vs. Federal Right to Sue Notices
Colorado, like many other states, has both a state employment discrimination agency, the Colorado Civil Rights Division (CCRD), and the federal Equal Employment Opportunity Commission (EEOC). The state and federal agencies have a worksharing agreement in place that authorizes shared responsibilities in reviewing and investigating charges of discrimination. Practically speaking, this means that an
Word On the Street: Final ADAAA Regs Approved By EEOC
HR.BLR.com reported today that the Equal Employment Opportunity Commission (EEOC) has privately approved its final draft regulations under the ADA Amendments Act (ADAAA). So, where does that leave us? First, the Office of Management and Budget (OMB), a federal agency that must clear rules and regulations before they are published, will have 90 days to review the final
Paycheck Fairness Act Fails 58-41 In the Senate
On November 17, 2010, the Cloture Motion to proceed with the Paycheck Fairness Act in the Senate failed 58-41. In other words, a petition for cloture (or, a request to proceed with limited debate on the legislation) was before the Senate regarding the Paycheck Fairness Act. To proceed, a petition for cloture requires a 2/3 majority, or
Patience Is A Virtue With Workplace Investigations
Earlier this year, the Obama Administration was heavily criticized for its rush to judgment against Shirley Sherrod, the then-Secretary of Agriculture. After allegations of racist remarks at an NAACP meeting in Georgia, the Administration demanded her immediate resignation. Only problem — the video showing the alleged racist statements had been edited. If only the decisionmakers had paused, took
EEOC Predicts Over 100,000 Charges in FY2011 – Best Practices to Mitigate Risk with Discrimination & Other Claims
I heard a statistic today that the Equal Employment Opportunity Commission (EEOC) is expecting over 100,000 charges in FY2011 – the highest number ever in its history. Dealing with an increasing number of discrimination, wage & hour, and other employment-related claims is, unfortunately, the state of affairs in the workplace for some time to come.