International Labor and Employment Law

Category Archives: Discrimination

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UK Court of Appeal Allows Asda Supermarket Employees’ Equal Pay Claims to Proceed

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

Germany Rings in 2019 by Adopting Intersex Gender Status

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

Korean National Assembly Addresses Workplace Bullying and Harassment through Two New Measures

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

European Union Issues Landmark Employment Discrimination Ruling

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

Countries Implement New Gender Pay Gap Measures

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

“I am what I am, so take me as I am” – Historic decision of India’s highest Court decides gay sex no longer criminal

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

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

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

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

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 Harassment Protections Passed

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

What Multinational Employers Need to Know about Ontario’s Proposed Sexual Harassment Protections

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

What U.S. Multinational Employers Need to Know about Background Checks

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

India’s Sexual Harassment Law Invokes New Pitfalls for Employers

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

Promotion de la Diversité sur le Lieu de Travail

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

Bullying, Harassment and Stress in the Workplace — A European Perspective

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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