United States: Supreme Court (Sort Of) Allows Courts To Review EEOC Mediation Efforts

Today, the Supreme Court unanimously held that the Equal Employment Opportunity Commission’s statutory duty to conciliate to remedy a Title VII violation prior to filing a lawsuit on the violation is subject to some level of judicial review. Mach Mining v. EEOC.

The Court overturned the decision of U.S. Court of Appeals for the 7th Circuit, which had held courts have absolutely no authority to review the EEOC’s conciliation efforts. Unfortunately for employers, the Court […]

By | April 30th, 2015 ||

United States: NYC Council Votes To Ban Employers From Conducting Credit Checks

On April 16, 2015, the New York City Council (the “Council”) passed a bill (Int. 0261-2014) prohibiting employers from requesting or using the consumer credit history of an employee or job applicant when making employment decisions (the “Bill”). More specifically, the Bill would make it a discriminatory practice to request or use the consumer credit history of applicants or employees by amending the City’s Human Rights Law to include the following provision:

Except as provided […]

By | April 29th, 2015 ||

Canada: Five Ways The Department Of Labor Could Improve Its Fiduciary Proposal

The U.S. Department of Labor has released its long-awaited re-write of proposed changes to the rules determining who is a fiduciary under ERISA, and the different sides have rushed to respond by calling the proposal either a great step forward in consumer protection or likely to result in less or no advice to small plan fiduciaries and IRA owners.

While it is undeniable that the proposal would meaningfully expand the class of advisers who are […]

By | April 29th, 2015 ||