New York partner Howard Robbins and London partner Dan Ornstein discuss how U.K. laws affect U.S. employers in the latest episode of The Proskauer Brief podcast. International businesses face several challenges of local requirements as well as dealing with U.S. employment law. Tune in as we discuss many U.K. laws on discrimination, harassment, and retaliation, and their similarities to … Continue Reading
On July 31, 2019, in the case of Nano Nagle School v Daly, the Supreme Court of Ireland delivered its decision in a long-running disability discrimination lawsuit between a paraplegic special needs assistant (“SNA”) and the school that ended her employment based on her disability. The Court’s decision provides a thoughtful analysis of an employer’s … Continue Reading
Hairstyles are gaining more attention in the labor and employment context. Earlier this year, Austria’s Supreme Court allowed a former employee to reopen his discrimination claim upon discovering evidence that the employer may be engaging in discriminatory conduct by imposing hairstyle-related requirements on employees. In 9 ObA 4/19g, a staffing agency’s employee was denied a … Continue Reading
On May 17, 2019, the Taiwanese Parliament approved a bill legalizing same-sex marriage, making Taiwan the first country in Asia to adopt such legislation. Under the new law, same-sex couples now are able to marry legally, effective May 24, 2019. The Parliament’s actions came about as a result of a 2017 decision by the Taiwanese … Continue Reading
At a time when much of the world is accepting LGBTQ individuals and relationships, the pendulum has swung in the opposite direction in the small nation of Brunei. Earlier this month, Brunei put into force a new set of harsh criminal provisions mandating extreme physical punishment for certain acts forbidden by Islamic law, most notably … Continue Reading
By Daniel Ornstein, Erika C. Collins and Tony S. Martinez on Posted in Discrimination
On January 30, 2018, Shawn Wang (“Plaintiff”), filed suit against GM (China) Investment Co., Ltd. (“GMCIC”) and General Motors (GM) alleging, among other things, age discrimination in violation of the Age Discrimination and Employment Act (“ADEA”) and race and national origin discrimination under Title VII. Plaintiff, a naturalized U.S. citizen, was a GMCIC employee in … Continue Reading
Earlier this year, the UK Court of Appeal held that a class of 30,000 female Asda retail employees could compare themselves to male employees working in Asda’s distribution warehouses for purposes of their equal pay lawsuit. The Court’s analysis and decision has broad implications for gender pay litigation in the UK. Background The Court of … Continue Reading
As of January 1, 2019, intersex Germans, meaning Germans with sex characteristics not fitting neatly within the standard understanding of males and females, will be able to register their gender as “divers,” which translates to “miscellaneous.” This new gender classification will be included on such documents as birth certificates, passports, and driver’s licenses. Since 2013, Germany has permitted … Continue Reading
On December 27, 2018 the Korean National Assembly addressed workplace bullying and harassment in partial amendments to the Labor Standards Act (the “LSA”) and the Industrial Accident Compensation Insurance Act. LSA, Article 6-2, “Prohibition of Workplace Harassment” This amendment to the LSA serves two main purposes: (1) creating new employer obligations; and (2) providing a … Continue Reading
On December 4, 2018, the European Court of Justice (“ECJ”) issued an important decision on age discrimination in relation to the age requirements for new recruits to the Irish police force. Facts This case relates to the applications made by three Irish citizens to join the Irish national police. Their applications were refused because of … Continue Reading
This past year, multiple countries enacted new laws aimed at reducing gender pay disparity. Although it has long been illegal in many countries to pay women less than men, a noticeable gender pay gap has persisted. The laws described below demonstrate that countries are now attempting bolder and more innovative strategies toward reaching true pay … Continue Reading
Commencing with the famous quote of German thinker Johann Wolfgang von Goethe, India’s Supreme Court has today legalised sexual relationships between same-sex people. This landmark decision ends a long fight against Section 377 of the Indian Penal Code 1860 (IPC) which had criminalised certain homosexual acts. In its decision, the Supreme Court held that: “Criminalising … Continue Reading
On May 31, 2016, the Advocate General (“AG”) of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a headscarf at work. In the case, Samira Achbita v. G4S Secure Solutions NV, Case C-157/15, the AG stated that a neutral policy prohibiting employees from wearing visible religious … Continue Reading
Employee’s Privacy Rights European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for their private and family life, and our blog has actively tracked developments on the subject (to review prior rulings, see here, here, … Continue Reading
Ontario’s Sexual Violence and Harassment Action Plan Act was passed and received Royal Assent on March 8, 2016. The Act will go into effect in six months on September 8, 2016. The Act creates new duties for employers to prevent and investigate sexual harassment in the workplace. To fully review the changes coming in the next six … Continue Reading
After adopting an action plan to stop sexual violence and harassment in March 2015, Ontario’s legislature is taking steps to pass an act that would create new duties for employers to prevent and investigate sexual harassment in the workplace. If passed, the act would go into effect six months after it is signed. The act, … Continue Reading
Employers often run background checks on their applicants and employees in order to protect the workplace and to assemble a good and trustworthy workforce. For U.S.-based employers with operations overseas, the legal requirements governing the background check process in the United States can vary from the requirements of the process abroad. This post examines some … Continue Reading
By David Reid and Erika C. Collins on Posted in Discrimination
India recently enacted the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal Act) 2013, which protects all “aggrieved women” in the workplace from unlawful harassment. To be clear, the term “aggrieved women” includes both employees and non-employees. The Act represents a drastic shift in the law that will require all employers with … Continue Reading
In the first of our new series of labor and employment updates from around the world, we focus on Germany, where there have been a number of recent and significant developments. With the help of Gleiss Lutz (a firm with offices throughout Germany), we are delighted to provide you with the latest news from Germany. … Continue Reading
SEMINAIRE – Mercredi 21 mars 2013 Le 21 mars dernier, le Bureau de Paris a organisé un séminaire ayant pour thème la diversité sur le lieu de travail, et s’intéressant plus précisément aux obligations légales en vigueur en France, au Royaume-Uni, aux Etats-Unis et en Allemagne, ainsi qu’aux bonnes pratiques recensées dans chacun de ces … Continue Reading
SEMINAR – Thursday, March 21, 2013 On March 21, the Paris office held a Seminar on Diversity in the workplace, focusing on legal obligations that are applying and best practices and lessons learned in France, the UK, US and Germany.… Continue Reading
SEMINAR – Tuesday, December 6, 2011 Program: Bullying, harassment and stress in the workplace is becoming increasingly prevalent. Employers must be ever-more vigilant to prevent unwanted conduct that damages morale, increases staff turnover and exposes businesses to liability. During this panel session we compared the U.S. and European positions, looking at: The legal framework in … Continue Reading
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