1. Portsmouth 603.436.2818 Concord 603.226.0400 Manchester 603.625.6464 Woburn 781.904.2700 LEGAL UPDATE: The Year in Review Presented by: Charla B. Stevens, Esq.

2. The Year in Review EEOC  U.S. job discrimination complaints down.  93,727 charges in 2013, down 5,685 from 2012  Complaints based on retaliation are up slightly and the most-commonly filed (38,539)

3. EEOC – Year In Review (contd.) Collected a record $372 million from employers in 2013 Statistics now include settlement amounts Increased focus on more “subtle” types of discrimination

4. EEOC Enforcement Criminal Background Checks – FTC and EEOC working together Must get applicant’s written permission Applicant’s right to review report for accuracy Reason for denying employment must be job- related and consistent with business necessity

5. EEOC Enforcement New guidance on religious garb and grooming in the workplace  Accommodate religiously-mandated dress and grooming practices unless it would pose an undue hardship  But do not segregate workers to non-customer service positions because of religious attire  Customer preference not a defense to a discrimination claim

6. Unemployment Discrimination  Likely to be EEOC focus in 2014  New state and local laws banning discrimination on unemployment status (DC, NJ, Oregon, NYC, Madison, Wisc.)  Tips to follow:  Consider adding “unemployment status” to list of protected categories  Train hiring employees and supervisors  Review current job advertising

7. EEOC Strategic Enforcement 2013 and Beyond Enforcing equal pay laws – gender discrimination in compensation systems Pregnancy Discrimination  More-expansive accommodations for pregnant employees (Pregnancy Discrimination Act)  Disabilities arising from pregnancy Coverage of LGBT under Title VII sex discrimination provisions (sexual stereotyping)

8. NLRB Focus on at will employment and social media provisions in employer handbooks Expanding employer’s duty to furnish financial information to unions during bargaining

9. United States Department of Labor President Obama instructs USDOL to overhaul the FLSA Exemptions

10. Other Developments GINA enforcement increasing (66% increase in filings in 3 years)  Genetic information covers employees/applicants, but also their families  Covers info. about prior or present diseases Separation Agreements (EEOC v. CVS)  Restrictions on release or waiver of right to file EEOC charge  Cannot limit right to testify or assist in EEOC investigation

11. NH Commission for Human Rights 234 charges filed in 2013 (222 employment related), down from 284 in 2012 Backlogs rule the day Employees quick to remove claims to state or federal court

12. State Legislation and Regulation Non-Competition Agreements Paycheck Equity Minimum Wage Credit History As a Factor in Employment Decisions

13. State Legislation and Regulation Discrimination Against the Unemployed Social Media and Privacy Protection for Victims of Domestic Violence Nursing Mothers

14. Federal Legislation Section 127 – Employee Educational Assistance Working Families Flexibility Act of 2013

15. Federal and State Case Law  U. of Texas SW Medical Center v. Nassar  Vance v. Ball State  Sandifer v. U.S. Steel  Leeds v. BAE Systems (NH Supreme Ct.)

16. Portsmouth 603.436.2818 Concord 603.226.0400 Manchester 603.625.6464 Woburn 781.904.2700 McLane’s Employment Law Practice Group PERSONNEL PARTNERS ®