Last week, we looked back at 2015 changes to FLSA
and NLRB guidance on employee handbooks.
This week, we’re taking a look at discrimination and leave laws.
The last year has seen important
changes to and new interpretations of discrimination
law focused on extending the protections of Title
VII and Title IX to the LGBT community. The EEOC has now taken the position
that Title VII’s protections extend to sexual
orientation and gender
identity. To underscore the point, the agency launched or
joined several lawsuits that raise related issues. The OFCCP began
enforcing Executive
Order 13762, which prohibits federal
contractors from discriminating on the basis of sexual orientation and gender
identity. In a recent
federal decision from the Central District of California, the court found
that “sexual orientation discrimination is not a category distinct from sex or
gender discrimination.”
State laws have not kept pace
with the federal government’s efforts to eliminate discrimination based on
sexual orientation and gender identity. Currently, 19 states
prohibit such discrimination in the workplace.
We anticipate that other states may follow suit in the near future.
As they prepare for 2016,
employers should recognize the impact that federal agency actions and related
court decisions could have on their discrimination and harassment policies. Although
only federal contractors
are required to make changes at this point, employers may want to add
sexual orientation and gender identity to the list of protected classes in their
policies and should consider including these topics in anti-harassment training.
Next up are the ever-changing leave laws. California,
Connecticut,
and Massachusetts mandated paid sick leave in 2015, and several other
states are considering similar measures. In addition, certain municipalities
mandated paid sick leave for workers.
President Obama called on Congress to pass the Healthy
Families Act, a measure that would allow
workers to earn up to seven days a year of paid sick time that can be used to
care for an ill family member.
While new paid leaves were introduced,
issues surrounding the implementation of the FMLA continued to bedevil
employers in 2015. The Department of
Labor issued new
forms for employers, and new
cases - including some with silly
fact patterns - added to the confusion surrounding the 22-year-old
law. We expect more of the same in 2016,
and encourage employers to seek expert advice from an HR professional or
employment lawyer when faced with FMLA questions.
Thanks for reading The Employment Law Navigator this
year. We hope it has been helpful. We’re going to take the next two Thursdays
off, but will publish That is So Last
Week recaps on Monday the 21st and Monday the 28th. Happy holidays everyone!
Posted by Kate Bischoff
Posted by Kate Bischoff
