Onik'a Gilliam

Court Rules Prior Salary Is Not a Defense Against Equal Pay

Employment

Following the untimely demise only weeks ago of the judge many considered the “liberal lion” of the court, on April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit filed (what is likely) the last opinion authored by Judge Stephen Reinhardt.  The matter of Rizo v. Yovino concerns Aileen Rizo, a female employee […]


Onik'a Gilliam

Sexual Orientation Discrimination is a Form of Sex Discrimination

Employment

On February 26, 2018, the U.S. Court of Appeals for the Second Circuit in a 10-3 decision concluded that the prohibition against sex discrimination established in Title VII of the Civil Rights Act, includes sexual orientation.  The case, Zarda v. Altitude Express, Inc., No. 15-3775, concerns a skydive instructor who alleged he was terminated after […]


Emma Kazaryan

NLRB Vacates Hy-Brand Decision; Browning-Ferris Joint Employer Test Back in Effect

Employment

A little over two months ago, we reported that the National Labor Relations Board (“NLRB”) overruled the Browning-Ferris joint employer test in a case called Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co.  Under Browning-Ferris, companies faced greater responsibility for the employment practices of their contractors and franchisees.  In turn, Hy-Brand limited the circumstances in […]


Eduardo Reyes Chavez

Raids and Employment Verifications: An Employer’s Guide to Prepare for ICE Visits

Employment, Immigration

On January 10th, U.S. Immigration and Customs Enforcement (“ICE”)[1] agents targeted nearly 100 7-Eleven stores nationwide in search of undocumented workers. The raids at the 7-Eleven stores are the result of the Trump Administration’s efforts to increase raids and compliance investigations. It comes as no surprise, therefore, that employers should take proactive measures in order […]


Eduardo Reyes Chavez

NLRB Overrules the Browning-Ferris Joint Employer Test

Employment

On December 14, 2017, the National Labor Relations Board (“NLRB” or “Board”) limited liability in employment law cases by heightening the standard for what constitutes a joint employer.  In its 3-2 decision, the NLRB overruled its 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”)[1] and abandoned the Obama-era expansion […]


Michelle Su

Holiday Cheer, But No Beer?

Employment

During this holiday season, for many employers the “holiday party” is a tradition to develop inter-personal relationships amongst colleagues and celebrate the end of the year together. In keeping with the festive mood, employers often provide ample food and drinks for everyone to enjoy. However, this year, employees might notice an absentee at their holiday […]


Onik'a Gilliam

Refusal to Hire an Applicant Due to Prior Opposition to Discriminatory Practices of a Prior Employer Can Expose Employer to Liability Under WLAD

Employment

On November 9, the Washington State Supreme Court (WSSC) en banc filed its opinion on the certified question of whether “RCW 49.60.210(1) create[s] a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation in opposition to discrimination against a different employer.”  In short, the WSSC concluded yes, […]


Emma Kazaryan

New Washington State Supreme Court Case: Updated Standard for Discrimination Claims and A Warning That Policies Can Modify At-Will Employment

Employment

On October 19, 2017, the Washington State Supreme Court entered its opinion in the matter of Mikkelsen v. Public Utility District No. 1 of Kittias County, et al.  In Mikkelsen, the female plaintiff sued her former employer (a utility district) for wrongful discharge based on gender and age discrimination, and failure to follow the progressive […]


Onik'a Gilliam

Gender Identity No Longer Protected Under Title VII

Employment

Following close on the heels of other Obama administration-era rollbacks (see Education Secretary Betsy DeVos’s recent announcement rescinding prior guidance as to the standard of proof to be applied under Title IX), Attorney General Jeff Sessions announced yesterday that it is the Department of Justice’s position under President Donald Trump that it will no longer interpret […]