| 1 | Affirmative Action: Overview A Note outlining the federal affirmative action laws pertaining to federal contractors and subcontractors: Executive Order No. 11246; Section 503 of the Rehabilitation Act of 1973; and the Vietnam Era Veterans' Readjustment Act of 1974. The three laws ensure that federal contractors and subcontractors recruit and advance in employment qualified minorities, women, persons with disabilities, and covered veterans. The Note does not address relevant state or local law. State and local statutes and regulations may impose additional requirements on employers that contract with, or receive funding from, states and local governments. However, the information contained in this resource will be useful and relevant to employers in every state. | Practice note: overview | Maintained |
| 2 | Discrimination and harassment: a quick guide A quick guide to the law on unlawful discrimination in employment (including direct and indirect discrimination, harassment and victimisation), why it is important, and key pitfalls to avoid. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 3 | Discrimination in employment: overview (EqA 2010) This note provides an overview of discrimination in employment under the Equality Act 2010, most of which took effect on 1 October 2010. For information on the pre-October discrimination regime, see Toolkit, Pre-October 2010 discrimination law. | Practice note: overview | Maintained |
| 4 | Discrimination under the Equality Act 2010: toolkit Most of the provisions of the Equality Act 2010 came into force on 1 October 2010. This toolkit contains links to the PLC materials concerning discrimination, harassment and victimisation under the Act. For information on discrimination law before the Equality Act 2010, see Pre-October 2010 discrimination law: toolkit. | Practice note: overview | Maintained |
| 5 | Discrimination: Overview A Note providing an overview of the federal laws prohibiting discrimination, including Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), the Uniformed Services Employment and Reemployment Rights Act (USERRA) and others. This Note addresses federal law. For information on state law requirements, see the State Q&A Tools under Related Content to the right. | Practice note: overview | Maintained |
| 6 | Employee Disability Toolkit Resources to assist employers managing employee disabilities or disability discrimination claims. | Practice note: overview | Maintained |
| 7 | Employment Laws Concerning Veterans Toolkit Resources to help employers comply with federal and state employment laws concerning veterans including the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the Family and Medical Leave Act of 1993 (FMLA) and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). | Practice note: overview | Maintained |
| 8 | Employment Litigation: Single Plaintiff Employment ... Resources to help employers and their counsel prevent and defend against single plaintiff employment discrimination litigation under Title VII of the Civil Rights Act (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), Section 1981, the Equal Pay Act (EPA) and state anti-discrimination laws. This Toolkit includes resources addressing discovery, employer defenses, substantive legal requirements and settlement. | Practice note: overview | Maintained |
| 9 | Pre-October 2010 discrimination law: toolkit This toolkit concerns the discrimination law relating to sex, race, disability, religion or belief, sexual orientation and age that was in force in Great Britain before the Equality Act 2010 took effect on 1 October 2010. The pre-October 2010 discrimination regime is still relevant to some claims progressing through the tribunal system. For information on the Equality Act 2010, see Discrimination under the Equality Act 2010: toolkit. | Practice note: overview | 30-Sep-2010 |
| 10 | Preventing and Responding to an EEOC Charge Toolkit Resources to assist an employer in preventing and responding to an EEOC or state administrative agency charge alleging an employment law violation. | Practice note: overview | Maintained |
| 11 | Public body decision-making and challenges to decision ... A toolkit to guide users through key maintained PLC content on public body decision-making and challenges to decision-making, including links to all the relevant materials. | Practice note: overview | Maintained |
| 12 | Retirement before 6 April 2011: toolkit A toolkit to guide users around PLC Employment retirement materials that were relevant before the abolition of the default retirement age (DRA) on 6 April 2011. | Practice note: overview | Maintained |
| 13 | Retirement since 6 April 2011: toolkit A toolkit to guide users around PLC Employment materials on the law governing compulsory retirement ages following the repeal of the default retirement age (DRA) laws on 6 April 2011. | Practice note: overview | 06-Apr-2011 |
| 14 | Sexual Harassment Toolkit Resources to assist an employer in minimizing the risk of workplace sexual harassment and defending against related claims under Title VII. | Practice note: overview | Maintained |
| 15 | Age Discrimination A Note describing age discrimination against individuals age 40 and older as prohibited by the Age Discrimination in Employment Act of 1967 (ADEA) and the Older Workers Benefit Protection Act of 1990 (OWBPA). This Note addresses federal law prohibiting discrimination, harassment and retaliation against applicants and employees age 40 and older. It also addresses the requirements for release of an age claim. For information about age discrimination under state law, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 16 | Age discrimination (EqA 2010) This note examines age discrimination in employment under the Equality Act 2010, most of which took effect on 1 October 2010. For information on the Employment Equality (Age) Regulations 2006, which contained the law on age discrimination that applied before October 2010, see Practice note, Age discrimination (pre-October 2010). | Practice notes | Maintained |
| 17 | Age discrimination and employee share schemes This practice note examines the impact of the statutory rules against age discrimination on employee share schemes. For a checklist based on this note, see Checklist, Age discrimination and employee share schemes. | Practice notes | Maintained |
| 18 | Are you looking for EU law content on this topic? A practice note explaining where to find EU law content from a topic page. | Practice notes | Maintained |
| 19 | Avoiding discrimination and harassment claims A practical guide to drafting and reviewing non-discrimination and harassment policies in light of recent and forthcoming EU legislative changes. This practice note is periodically maintained. | Practice notes | 01-Oct-2005 |
| 20 | Default retirement age: implications of its abolition This note considers the implications of the abolition of the default retirement age (DRA) which took place in April 2011 and what employers need to do to in light of this change. | Practice notes | Maintained |
| 21 | Disability Accommodation under the ADA A Note describing employer accommodation obligations under the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA). This Note addresses federal law regarding employers' duties to engage in the interactive process and provide reasonable accommodation to a qualified individual with a disability, absent undue hardship. For information on state law requirements, see the State Q&A Tools under Related Content to the right. | Practice notes | Maintained |
| 22 | Disability discrimination (EqA 2010) This note examines disability discrimination in employment under the Equality Act 2010, most of which took effect on 1 October 2010. It should be read in conjuction with Practice notes, Disability discrimination: the definition of disability (EqA 2010) and Disability discrimination: reasonable adjustments (EqA 2010). For information on the Disability Discrimination Act 1995, which contained the law on disability discrimination that applied before October 2010, see Practice note, Disability discrimination (pre-October 2010). | Practice notes | Maintained |
| 23 | Disability Discrimination under the ADA A Note describing the prohibition of disability discrimination in employment against qualified individuals under the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA). This Note addresses federal law regarding the definition of a physical or mental disability, employer obligations under the ADA, as amended, and protections for individuals who have an actual disability, are perceived as having a disability, have a record of a disability or associate with someone who has a disability. For information on state law requirements, see State Q&A Comparison Tools, Anti-discrimination Laws, Leave Laws and Leave Policy Language. | Practice notes | Maintained |
| 24 | Disability discrimination: reasonable adjustments (EqA 2010) This note examines the duty that the Equality Act 2010 places on employers to make reasonable adjustments for disabled job applicants and employees. For information on when a person is "disabled", see Practice note, Disability discrimination: the definition of disability (EqA 2010). For information on other aspects of disability discrimination, see Practice note, Disability discrimination (EqA 2010). | Practice notes | Maintained |
| 25 | Disability discrimination: the definition of disability (EqA 2010) This note examines when an individual might be disabled for the purposes of the Equality Act 2010. It supplements Practice note, Disability discrimination (EqA 2010) and Practice note, Disability discrimination: reasonable adjustments (EqA 2010), which deal with the protection of disabled employees and job applicants, and the duties of employers in relation to disabled people. | Practice notes | Maintained |
| 26 | Discrimination and Harassment in the Workplace: Business ... A template briefing for in-house counsel to give supervisors and managers regarding the prohibition against discrimination and harassment in the workplace, and their responsibilities in enforcing the employer's policies. Click here to download in Microsoft Word. | Practice notes | Maintained |
| 27 | Discrimination in employment: bringing and defending claims ... This note examines issues relevant to bringing or defending discrimination, harassment or victimisation claims under the Equality Act 2010. It covers discrimination questionnaires, the Acas Code of Practice on Disciplinary and Grievance Procedures, the relevant time limits and how to draft claim forms and responses. It also provides practical tips on litigating discrimination cases. | Practice notes | Maintained |
| 28 | Discrimination in employment: burden of proof (EqA 2010) This note examines the burden of proof in discrimination claims under the Equality Act 2010. | Practice notes | Maintained |
| 29 | Discrimination in employment: compensation and other ... This note examines how to assess compensation for discrimination under the Equality Act 2010, which took effect on 1 October 2010. It looks at general principles of compensation, heads of damage (both financial and non-financial), tax issues and interest. It also covers tribunals' powers under the Act to make declarations and recommendations. For information on compensation under the pre-October 2010 discrimination regime, see Practice note, Compensation in discrimination claims (pre-October 2010). | Practice notes | Maintained |
| 30 | Discrimination in employment: exceptions (EqA 2010) This note examines the various exceptions set out in the Equality Act 2010 that enable employers to discriminate lawfully in limited circumstances. The most prominent of these are the "occupational requirements" and "positive action" exceptions that apply across most of the protected characteristics. Most of the Equality Act 2010 took effect on 1 October 2010. For information on the pre-October 2010 discrimination regime, see A toolkit: pre-October 2010 discrimination law. | Practice notes | Maintained |
| 31 | Discrimination in employment: types of discrimination (EqA ... This note examines various types of discrimination and other potentially unlawful conduct that are set out in the Equality Act 2010. It covers direct and indirect discrimination; harassment; victimisation; and instructing, causing, inducing and knowingly helping discrimination. | Practice notes | Maintained |
| 32 | Discrimination in employment: who is protected and who is ... This note sets out the different categories of individual who are protected against work-related discrimination, harassment and victimisation by the Equality Act 2010. It also looks at when discrimination against job applicants and employees will be unlawful, and who (employers, employees and others) might be liable for such discrimination. Most of the Equality Act 2010 took effect on 1 October 2010. For information on the pre-October 2010 discrimination regime, see A toolkit: pre-October 2010 discrimination law. | Practice notes | Maintained |
| 33 | Discrimination under Title VII: Basics This Note discusses Title VII of the Civil Rights Act of 1964 (Title VII) and its prohibition against race, color, national origin, religion and sex discrimination, as it applies to private employers. Specifically, this Note addresses individual and employer coverage under Title VII, theories of liability, defenses and remedies. This Note addresses federal law. For information about employment discrimination under state law, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 34 | Employment Litigation: Single Plaintiff Employment ... This Note discusses single plaintiff employment discrimination litigation under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), Section 1981 of the Civil Rights Act of 1866 (Section 1981) and the Equal Pay Act (EPA). It addresses various stages of the case, including pleadings, discovery, dispositive motions, trial and settlement. This Note specifically addresses federal law, but it also is useful for cases pending in state courts. | Practice notes | Maintained |
| 35 | Equality Act 2010: education providers The Equality Act 2010 (EqA 2010) mostly came into force on 1 October 2010 and replaces the previous discrimination legislation in Great Britain relating to: Sex. Race. Disability. Sexual orientation. Religion or belief. Age. This note covers the provisions of the EqA 2010 relevant to education providers, including those relating to: Admissions and exclusions. The duty to make reasonable adjustments. Enforcement. | Practice notes | Maintained |
| 36 | Equality Act 2010: employment implications This note provides background to the Equality Act 2010 and brief analysis of the Act's key employment-related provisions. It is no longer maintained. PLC Employment has now published a suite of more detailed, maintained practice notes on the Act, which can be accessed via A toolkit: discrimination under the Equality Act 2010. | Practice notes | 30-Sep-2010 |
| 37 | Equality Act 2010: local government The majority of the Equality Act 2010 (EqA 2010) came into force on 1 October 2010. The Act replaces the previous discrimination legislation in Great Britain concerning: Sex. Race. Disability. Sexual orientation. Religion or belief. Age. This note covers various aspects of the EqA 2010 relevant to local authorities, including: In relation to their roles as education providers, service providers, landlords and employers. The duty to make reasonable adjustments. Enforcement. | Practice notes | Maintained |
| 38 | Equality and Human Rights Commission This note details the duties, powers and constitution of the Equality and Human Rights Commission. | Practice notes | Maintained |
| 39 | Exhaustion of Administrative Remedies and Statutes of ... This Note discusses the requirement that plaintiffs exhaust administrative remedies under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act of 2008 (GINA) and the Age Discrimination in Employment Act (ADEA) before they may sue a private employer in federal court. It also discusses time limits for filing charges before the Equal Employment Opportunity Commission (EEOC) and for filing complaints in federal court. | Practice notes | Maintained |
| 40 | Fixed-term contracts This note examines the key provisions of UK law relating to fixed-term employees, including their right not to be treated less favourably than permanent employees and the use of successive fixed-term contracts. | Practice notes | Maintained |
| 41 | Gender balance on company boards: legislation tracker A practice note charting developments relating to the proposal for a Directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures in chronological order. | Practice notes | Maintained |
| 42 | Gender diversity in boardrooms A note on recent developments to encourage UK listed companies to increase the number of women on their boards. | Practice notes | Maintained |
| 43 | Gender reassignment discrimination (EqA 2010) This note examines gender reassignment discrimination in employment under the Equality Act 2010, which took effect on 1 October 2010. For information on the basis on which employees undergoing gender reassignment could bring discrimination claims before October 2010 under the Sex Discrimination Act 1975, see Practice note, Sex discrimination (pre-October 2010). | Practice notes | Maintained |
| 44 | Harassment A Note discussing workplace harassment, including sexual harassment and harassment based on other protected classes. This Note addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 45 | Human Rights Act 1998: overview A note on the European Convention on Human Rights and its interaction with the Human Rights Act 1998 including links to relevant PLC content. | Practice notes | Maintained |
| 46 | Interactive Process under the ADA A Note describing the interactive process that employers must engage in with qualified individuals with a disability to explore possible reasonable accommodations under the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA). This Note addresses federal law regarding the parties' rights and obligations. For information on state law requirements, see the State Q&A Tools under Related Content to the right. | Practice notes | Maintained |
| 47 | Marriage and civil partnership discrimination (EqA 2010) This note examines marriage and civil partnership discrimination in employment under the Equality Act 2010, most of which took effect on 1 October 2010. For information on the basis on which employees could bring marriage and civil partnership discrimination claims before October 2010 under the Sex Discrimination Act 1975, see Practice note, Sex discrimination (pre-October 2010). | Practice notes | Maintained |
| 48 | Part-time working This note examines the key provisions of UK law relating to part-time working, focussing on the rights of part-time workers to equal treatment with full-time workers, and also covering the extent of a worker's right to go from full-time to part-time working or vice versa. | Practice notes | Maintained |
| 49 | Pensions and discrimination claims This practice note considers the various types of discrimination claims that affect occupational pension schemes. It examines sex discrimination issues, including in relation to GMP equalisation, part-time worker claims and the recent Test-Achats judgment, as well as issues in relation to discrimination because of age, employment status, sexual orientation, gender reassignment, disability and religion or belief. | Practice notes | Maintained |
| 50 | Pensions: age discrimination This practice note considers the pensions aspects of the age discrimination legislation. Since 1 December 2006, it has been unlawful for employers and trustees of occupational pension schemes to discriminate against, or to harass members, on grounds of their age. This note examines the age discrimination rules and the exemptions, the implications for scheme trustees and employers and areas, such as flexible retirement, where the effect of the legislation is uncertain. | Practice notes | Maintained |
| 51 | Pregnancy and maternity discrimination (EqA 2010) This note examines pregnancy and maternity discrimination in employment under the Equality Act 2010, most of which took effect on 1 October 2010. For information on the legal framework that applies to pregnant employees and to maternity leave, see Practice note, Pregnancy and maternity: the legal framework. | Practice notes | Maintained |
| 52 | PSED (Equality Act 2010): significant cases This note provides information on significant cases dealing with the public sector equality duty under the Equality Act 2010 and the prior equality legislation (the Disability Discrimination Act 1995 and 2005, the Race Relations Act 1976 and the Sex Discrimination Act 1975). It also provides links to legal updates on these cases, where they have been covered by PLC. | Practice notes | Maintained |
| 53 | PSED: general public sector equality duty under section 149 ... A note on the public sector equality duty (PSED) introduced under section 149 of the Equality Act 2010. The note covers the background to the PSED and which public authorities it applies to. The note also considers the meaning of "due regard" and how the PSED will be enforced. | Practice notes | Maintained |
| 54 | PSED: specific duties in England A note on the specific equality duties introduced as a way of public authorities meeting the requirements under the general public sector equality duty set out in section 149 of the Equality Act 2010. This note covers England only. | Practice notes | Maintained |
| 55 | PSED: specific duties in Scotland A note on the specific duties under the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SSI 2012/162) and how they ensure public authority compliance with the general public sector equality duty (PSED) introduced under section 149 of the Equality Act 2010. This note only applies to the implementation of the specific duties in Scotland. | Practice notes | Maintained |
| 56 | PSED: specific duties in Wales A note on how the public sector equality duties introduced under the Equality Act 2010 have been implemented in Wales with particular reference to the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011 (WSI 2011/1064). | Practice notes | Maintained |
| 57 | Public sector equality duty toolkit A toolkit with links to PLC materials dealing with the public sector equality duty (PSED) under section 149 of the Equality Act 2010 and the specific duties set out in section 153 of the Equality Act 2010. | Practice notes | Maintained |
| 58 | Race discrimination (EqA 2010) This note examines race discrimination under the Equality Act 2010, most of which took effect on 1 October 2010. For information on the Race Relations Act 1976, which contained the law on race discrimination in employment that applied before October 2010, see Practice note, Race discrimination (pre-October 2010). | Practice notes | Maintained |
| 59 | Religion or belief discrimination (EqA 2010) This note examines religion or belief discrimination in employment under the Equality Act 2010, most of which took effect on 1 October 2010. For information on the Employment Equality (Religion or Belief) Regulations 2003, which contained the law on religion or belief discrimination in employment that applied before October 2010, see Practice note, Discrimination on grounds of religion or belief (pre-October 2010). | Practice notes | Maintained |
| 60 | Religious Discrimination and Accommodation under Title VII This Note addresses religious discrimination and accommodation under Title VII of the Civil Rights Act of 1964 (Title VII). This Note discusses federal law prohibiting discrimination, harassment and retaliation against applicants and employees on the basis of religion. It also addresses private employers' obligations to provide religious accommodations, absent undue hardship. For information about discrimination under state law, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 61 | Responding to Equal Employment Opportunity Commission ... A Note describing best practices for responding effectively to an Equal Employment Opportunity Commission charge. This Note addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 62 | Retaliation A Note describing retaliation claims and their defenses, as well as practical tips for minimizing the risk of experiencing them. This note addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 63 | Retirement before 6 April 2011 This note considers the issues relating to the retirement of employees, where the process was initiated before 6 April 2011 (the date when the default retirement age was abolished). It considers the statutory procedures employers needed to follow and how to deal with requests by employees to remain in employment beyond retirement age. It also considers the claims that might arise in relation to the old law. For the law on retirement post-abolition of the default retirement age (DRA), see Practice note, Default retirement age: implications of its abolition. | Practice notes | 17-Apr-2012 |
| 64 | Romance in the Workplace This Note provides an overview of the key issues employers should consider in the area of workplace romance. This Note addresses federal law. For more information on state law requirements, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 65 | Sex discrimination (EqA 2010) This note examines sex discrimination in employment under the Equality Act 2010, most of which took effect on 1 October 2010. For information on the Sex Discrimination Act 1975, which contained the law on sex discrimination that applied before October 2010, see Practice note, Sex discrimination (pre-October 2010). | Practice notes | Maintained |
| 66 | Sexual orientation discrimination (EqA 2010) This note examines sexual orientation discrimination in employment under the Equality Act 2010, most of which took effect on 1 October 2010. For information on the Employment Equality (Sexual Orientation) Regulations 2003, which contained the law on sexual orientation discrimination in employment that applied before October 2010, see Practice note, Discrimination on grounds of sexual orientation (pre-October 2010). | Practice notes | Maintained |
| 67 | Systemic Discrimination: Responding to EEOC Investigations ... This Note discusses systemic discrimination litigation. In particular, it discusses how to respond to information requests and subpoenas from the Equal Employment Opportunity Commission (EEOC), issues to consider when deciding whether to challenge an EEOC subpoena, the EEOC's "sue first, ask questions later" litigation strategy and related best practices for employers. It is based on federal law. | Practice notes | Maintained |
| 68 | Vicarious liability This practice note addresses the circumstances in which vicarious liability arises, at common law and under statute. It also looks at the implications of vicarious liability, and the alternative bases for attributing liability where vicarious liability is not applicable. | Practice notes | Maintained |
| 69 | Volunteering and internships: employment law issues A note exploring the legal and practical employment law issues relevant to volunteering and internships (or work experience). The note considers the status of volunteers and interns and whether organisations have any legal obligations towards them (including whether they need to be paid the national minimum wage). It also considers the implications for employers whose employees volunteer in other organisations. | Practice notes | Maintained |
| 70 | Whistleblower Protections under Sarbanes-Oxley and the ... A Note describing the whistleblower provisions of the Sarbanes Oxley Act of 2002 as modified in 2010 by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and the new whistleblower provisions set forth in the Dodd-Frank Act. This Note indicates where SOX has been modified in certain key respects by the Dodd-Frank Act and its final regulations. | Practice notes | Maintained |