The US Supreme Court on March 25, 2015 decided the case of Young v. United Parcel Service, Inc.(UPS). The issue in the case was whether, and in what circumstances, the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), requires an employer which provides work accommodations to non-pregnant employees with work limitations to provide work accommodations
Equal Pay Law Change and New Mandatory Poster in Effect January 1, 2015
As discussed by Nicholas Casolaro in his blog post from August, the NH law which goes into effect January 1st relative to equal pay prevents employers from discriminating between employees on the basis of sex by paying employees of one sex
New Hampshire Provides Greater Workplace Protections to Victims of Domestic Violence
Domestic and sexual violence is now in the news almost every day, and New Hampshire has followed its neighboring state, Massachusetts, in enacting protective legislation. As of August 8, 2014 most Massachusetts employers became obligated to provide leave from work to victims of domestic violence to enable them to seek treatment, obtain restraining orders or
DOJ Now Interprets Title VII as Prohibiting Discrimination Based on Transgender Status
Yesterday, U.S. Attorney General Eric Holder issued a memo setting out the Obama Administration’s position that Title VII specifically prohibits discrimination based on transgender status or gender identity per se.
In the memo, Attorney General Holder pointed out that questions have arisen in a number of administrative and judicial contexts as to the appropriate legal standard applicable to claims of gender identity discrimination. While courts have recognized gender identity discrimination claims under a “sex-stereotyping” theory – discrimination based on a perceived failure to conform to particular gender characteristics – there is no consensus among courts as to whether discrimination based on gender identity or transgender status, per se, is illegal.
Continue Reading DOJ Now Interprets Title VII as Prohibiting Discrimination Based on Transgender Status
Businesses Take Note — New Hampshire Has New Pay Equity Laws
Governor Maggie Hassan recently signed two bills into law that may have significant impacts on New Hampshire businesses. The first, HB 1188 , which takes effect on January 1, 2015, prohibits employers from discharging, disciplining, or otherwise discriminating against an employee because
Sexual Orientation and Gender Identity Become Protected Classes for Federal Workers
President Obama signed an Executive Order that prohibits discrimination based on sexual orientation and gender identity in federal hiring and for federal contractors and subcontractors. The Order requires that the US Department of 
Labor issues regulations to implement the order within 90 days. This Order takes effect immediately as to the hiring and employment provisions
EEOC Launches Full Court Press Against Pregnancy Discrimination
The Equal Employment Opportunity Commission (” EEOC”) on July 14, 2014 issued an Enforcement Guidance on Pregnancy Discrimination The document, which was not published for public comment prior to its release, purports to provide guidance regarding the Pregnancy Discrimination Act (“PDA”) and the Americans With Disabilities Act (“ADA”) as it applies to pregnant workers. The
NH Releases Employment Discrimination Data for 2013
The New Hampshire Commission for Human Rights has released data on discrimination charges filed by employees in 2013. Last year, the Commission received 222
discrimination charges against employers. This number was slightly down from the year before at 257. Retaliation across all categories topped the list at 93 claims. Following closly behind with 89
Prompt Remedial Action Shields Employer From Employee’s Harassment Claims But Not From Retaliation
Even when an employer takes prompt remedial action to defeat a sexual harassment claim, it may still be liable for retaliation. A NH employer was reminded of this recently in Rand v. Town of Exeter (11-CV-55-PB) (10/2/13).
Brenda Rand worked as a solid waste transfer operator for the Town’s Highway Department. Rand alleged that a
Massachusetts Chapter 151B Encompasses Associational Discrimination on Basis of Handicap
The Massachusetts Supreme Judicial Court (SJC) has held an employer is prohibited from discriminating against its non-disabled employee based on that employee’s association with an immediate family member with a disability or handicap under Chapter 151B, the state’s antidiscrimination law. This decision expands the scope of employer liability.