Recent Changes to NDAs in Employment Contracts and Settlement Agreements
Sanford Heisler Sharp Employment Discrimination Blog
by Carolin Guentert and Melissa Tribble
2y ago
For years, companies have used non-disclosure agreements (“NDAs”) and non-disparagement agreements in employment contracts and settlement agreements. These provisions primarily allow companies to protect sensitive business information, but can also be used to prevent workers from speaking about harassment and discrimination in the workplace. While some victims of workplace discrimination enjoy the assurance of privacy that comes with an NDA, others see these provisions as silencing workers. Particularly within the #MeToo movement, NDAs were largely blamed for shielding perpetrators of harassme ..read more
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New D.C. Attorney General Proposal Would Provide More Tools to Fight “Algorithmic Discrimination”
Sanford Heisler Sharp Employment Discrimination Blog
by James Hannaway
2y ago
Some employers have hoped that new technologies like machine learning and other forms of artificial intelligence can remove subjectivity—and therefore bias—out of hiring decisions. Unfortunately, the record for these new technologies is poor because they rely on and thereby perpetuate existing discriminatory patterns. While current anti-discrimination laws provide some important protections against algorithmic discrimination, D.C. Attorney General Karl Racine’s recently proposed Stop Discrimination by Algorithms Act will be a welcome addition to existing law. The bill would widen the list of e ..read more
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Congress Should Pass the Judiciary Accountability Act
Sanford Heisler Sharp Employment Discrimination Blog
by Kate Mueting and James Hannaway
2y ago
For years, Ninth Circuit judge Alex Kozinski sexually harassed his law clerks, repeatedly making inappropriate comments and sharing pornography in chambers.  He could act with impunity—and other judges have been able to do the same—because our nation’s anti-discrimination laws have left law clerks and most other judicial employees unprotected.   Because of a loophole in Title VII, there are more than 30,000 workers in the federal judiciary who cannot bring harassment or discrimination claims against their employer. Congress should pass The Judiciary Accountability Act to close t ..read more
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The Judicial Accountability Act
Sanford Heisler Sharp Employment Discrimination Blog
by Kate Mueting and James Hannaway
2y ago
For years, Ninth Circuit judge Alex Kozinski sexually harassed his law clerks, repeatedly making inappropriate comments and sharing pornography in chambers.  He could act with impunity—and other judges have been able to do the same—because our nation’s anti-discrimination laws have left law clerks and most other judicial employees unprotected.   Because of a loophole in Title VII, there are more than 30,000 workers in the federal judiciary who cannot bring harassment or discrimination claims against their employer. Congress should pass The Judiciary Accountability Act to close t ..read more
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Seeking COVID-19-Related Accommodations for At-Risk Household Members
Sanford Heisler Sharp Employment Discrimination Blog
by Rebecca Ojserkis, Whittney Barth and Kate Mueting
2y ago
Since the pandemic disrupted U.S. life in March 2020, the number of Americans who have worked remotely, at least in part, has more than doubled.[1] After over a year of proof that telework is possible, workers have gained fodder for legal arguments that remote work is a reasonable accommodation for their disabilities without undue burdens for employers.[2] As vaccines have become more accessible and COVID-19 rates began to drop, more and more workplaces started preparing for and implementing return-to-office arrangements.[3] Yet the infectiousness and severity of COVID-19 continue to raise con ..read more
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The Reach of Our Lady of Guadalupe: Are You Covered by the Ministerial Exception?
Sanford Heisler Sharp Employment Discrimination Blog
by Johan Conrod and Whittney Barth
2y ago
One year ago this week the Supreme Court decided Our Lady of Guadalupe School v. Morrissey-Berru,[1] a case in which the Court determined that two Catholic elementary school teachers were “ministers” and therefore not covered by federal anti-discrimination statutes.[2] The Court based its decision on the “ministerial exception.” A First Amendment doctrine, the ministerial exception exempts religious employers from certain types of employment discrimination claims.[3] The practical effect of the exception is to allow religious institutions to discriminate based on age, disability, gender, race ..read more
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Congress Must Open the Courthouse Doors to Uphold Military Members’ Civil Rights
Sanford Heisler Sharp Employment Discrimination Blog
by Rebecca Ojserkis
2y ago
Workers and students who experience civil rights violations have a plethora of legal tools at their disposal to seek accountability and relief—ranging from constitutional, to statutory, to tort claims. But the courthouse doors have long been closed to one group, whose exclusion from remedies by the government which they defend is particularly jarring: members of the military. Federal civil rights statutes often exclude uniformed members of the military. See, e.g., 20 U.S.C. 1681(a)(4) (excepting from Title IX’s coverage an educational institution whose primary purpose is the training of indivi ..read more
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What’s in a Name? A Starting Point for Building a More Inclusive Workplace
Sanford Heisler Sharp Employment Discrimination Blog
by Lucy Zhou
2y ago
May is Asian American and Pacific Islander (“AAPI”) Heritage Month, which celebrates the contributions of the AAPI community to the history and culture of the United States. With the rise of anti-Asian violence since the start of the pandemic, many have been wondering how they can be better allies to the AAPI community. One simple starting point to foster a more inclusive workplace for your AAPI colleagues—and any colleagues, for that matter—is to make a concerted effort to pronounce their names correctly. Names are so closely intertwined with identity and can reflect cultural, historical, and ..read more
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Don’t Hesitate: Statute of Limitations in Discrimination and Harassment Cases
Sanford Heisler Sharp Employment Discrimination Blog
by Kate Mueting
2y ago
Are you considering contacting a lawyer about discrimination, harassment, or mistreatment at work?  It may be tempting to wait.  You think: “Let’s see how this plays out.  Learn if the company will do the right thing.  Maybe they will promote you, or transfer you, and maybe things will get better.  You have a lot on your plate right now, and there’s no need to rush to get a lawyer involved.” But there’s a problem with this line of thinking, and it is called the “statute of limitations.”  Statutes of limitations are lawyer jargon for deadlines.  When your empl ..read more
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New York’s Salary History Ban: Still Waiting to be Enforced
Sanford Heisler Sharp Employment Discrimination Blog
by Russell Kornblith
2y ago
Effective January 6, 2020, New York banned employers from asking job seekers and employees about their compensation history. The same law, Labor Law § 194-a, prohibits employers from relying on salary history in deciding whether to offer employment to an applicant as well as in determining salaries for applicants and employees. The law also prohibits the employer from seeking salary history information from a former employer or agent of the applicant (e.g. a headhunter). The change is an important step in furtherance of New York’s goal of ensuring that historic discrimination or depression in ..read more
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