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The end of 2020 was not the end of the California
Legislature s focus on employment-related legislation. Just two
months into the new year, the Legislature has already introduced
several bills addressing the workplace that could impact employers
who still may be implementing coronavirus-related legislation. This
article discusses two such bills on the horizon that employers will
want to follow as they work their way through the Legislature.
AB 1179 - Paid Backup Childcare
The Healthy Workplaces, Healthy Families Act of 2014, embodied
in Labor Code Sections 245-249, requires employers of all sizes to
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Employers with operations in California should be vigilant about
compliance with the protections against criminal record
discrimination in the California Fair Employment and Housing Act
(FEHA). The FEHA prohibits employers from inquiring into and using
specific criminal record information. The FEHA also mandates
procedures for evaluating such information and providing notice to
applicants. The Department of Fair Employment and Housing (DFEH) is
ramping up its efforts to enforce these protections, including
exercising its authority to issue investigative subpoenas, written
interrogatories, and requests for production of documents.
A critical point of contention in Lemon v. Myers Bigel, P.A., No. 19-1380 (4th Cir. Jan. 19, 2021) was who is considered an "employee" under Title VII's anti-discrimination and retaliation provisions.
Seyfarth
Synopsis:
Connecticut Joins Its Tristate
Neighbors by Becoming the Eighth State to Formally Amend Its
Anti-Discrimination Laws to Include Hairstyle Discrimination as a
Form of Race-Based Discrimination. This Law will Become Effective
Immediately Upon Governor Lamont s Signature, Expected in the
Coming Days.
On March 1, 2021, the Connecticut State Senate unanimously
passed the Create a Respectful and Open Workplace for Natural Hair
Act ( CROWN Act ), which amends the Connecticut Fair
Employment Practices Act ( FEPA ) to make clear that
hairstyle discrimination is included in the existing prohibition on
race-based discrimination. This legislative amendment follows
similar amendments passed within the past few years in California,
A recent decision by the U.S. Court of Appeals for the Fifth Circuit serves as a reminder that an employer should be prepared to justify any pay differential between male and female employees.