United States: DOL Issues Final Rule Implementing Executive Order 13672’s Prohibition On Discrimination Based On Sexual Orientation And Gender Identity

Yesterday, the Department of Labor announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors. The Rule, which implements Executive Order 13672 signed by President Obama in July 2014, will be effective 120 days from the date of publication in the Federal Register.

If, as anticipated, the Rule is published this Friday, the Rule will be effective April 4, 2015. Any contract entered into or modified after […]

By | December 5th, 2014 ||

United States: Recent Case Shows Lengths CA Employers Must Go To Accommodate Disabled Employees

One of our ongoing themes has been the extent of an employer’s obligation to accommodate disabled employees. A recently unpublished court of appeal decision – Swanson v Morongo Unified – illustrates this point.

Swanson, an elementary school teacher, had recently been treated for breast cancer. She asked to be assigned to teach 2nd grade, as she had recently done, instead of being assigned to work with 5th graders. Her fragile health, she said, made it […]

By | December 4th, 2014 ||

United States: Defined Benefit Plan Participants Have Standing To Pursue Fiduciary Breach Claims

A federal district court in Minnesota found that participants in a defined benefit pension plan had standing to assert claims that defendants breached their fiduciary duties by, among other things, shifting to an equities-only investment strategy that resulted in the plan becoming significantly underfunded and thereby increasing the risk of default.  In so ruling, the court determined that even though U.S. Bancorp was capable of meeting its minimum funding obligations, plaintiffs plausibly alleged that […]

By | December 4th, 2014 ||