Preston Brasch

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AI in the workplace: the EEOC and New York City seek to prevent automated discrimination

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing entitled “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier”.[1] During the hearing, the EEOC explored the potential benefits and harms associated with artificial intelligence (AI) and other automated systems in the context of employment-related decisions, … Continue reading

Free menstrual products in Canadian federally regulated workplaces

By Kevin MacNeill, Preston Brasch and Erin Colwell on October 31, 2022 Posted in Canada

The Minister of Labour for Canada has announced Proposed Regulations under the Canada Labour Code. If adopted, employers will have to, among other things: Provide menstrual products, including clean and hygienic tampons and menstrual pads, in each toilet room or, if that is not possible, in another location in the workplace controlled by the employer … Continue reading

Looking to the Horizon: Upcoming Strategy Reveal for the Equal Employment Opportunity Commission

By Kevin MacNeill and Preston Brasch on October 11, 2022 Posted in United States

On September 22, 2022, the Equal Employment Opportunity Commission (EEOC) completed the last of three public sessions it conducted to solicit input on a forthcoming Strategic Enforcement Plan (SEP). In the past, the SEP has established substantive area priorities for the EEOC and set out strategies to integrate components of the EEOC’s private, public, and … Continue reading

The Rising Tide of Pay Transparency Legislation – How Employers can Prepare

By Kevin MacNeill and Preston Brasch on September 19, 2022 Posted in United States

Several jurisdictions are in the process of passing, or have already passed, pay transparency legislation, including California, Colorado, Maryland, New York State, New York City, Rhode Island, and Washington, with some new legislation potentially coming into force in early 2023. While specifics vary based on the jurisdiction, below are some of the key emerging employer … Continue reading

2nd Circuit finds that Terminated Whistleblower Employees Must Prove Retaliatory Intent in Sarbanes-Oxley Act Lawsuits

By Kevin MacNeill and Preston Brasch on September 2, 2022 Posted in United States

In a recent decision, Trevor Murray v. UBS Securities, LLC, the United States Court of Appeals for the Second Circuit considered section 1514A of the Sarbanes-Oxley Act (SOX), which protects employees of publicly traded companies from adverse employment actions that “discriminate against an employee . . . because of” any lawful whistleblowing act. On appeal, … Continue reading

Secondments: What employers should consider

By Jeff Landmann and Preston Brasch on August 23, 2022 Posted in Canada

What is a secondment? Secondments involve temporarily transferring an employee from one organization to another. The employee performs work for the host organization but remains employed only by the transferring (or “home”) organization. This arrangement can help organizations fill positions, find uncommon skill sets, engage staff and reduce attrition. Secondments can be done domestically or … Continue reading

11th Circuit decides Retaliation Protections do not Protect Prior Misconduct

By Kevin MacNeill and Preston Brasch on August 23, 2022 Posted in United States

In a recent decision, Nazarie Anderson v. Emory Healthcare Inc., the United States Court of Appeals for the Eleventh Circuit affirmed a district court’s order granting summary judgment in favor of Emory Healthcare Inc. (Emory), who had defended against a former employee’s retaliation claim under Title VII of the Civil Rights Act of 1964, 42 … Continue reading

New York State bill raises the stakes for employer safety liability: lifts caps on restitution and imposes significant fines for workplace deaths and injuries

By Kevin MacNeill and Preston Brasch on July 27, 2022 Posted in United States

A New York State bill, “Carlos’ Law”, is currently before Governor Hochul for signing, after having been passed both by the Senate and Assembly. The bill’s Sponsor Memo states that its purpose is “to protect workers from corporations and their agents that fail to comply with safety protocols. . .” and recalls that more than … Continue reading