Brazilian Labour Reform Law

The Brazilian Labor Reform will be effective as from 11.11.2017, modifying over 100 articles of the Brazilian Labor Code (the so-called “CLT”). We are certain that all the modifications below will have to pass the scrutiny of Labor Courts, which have openly demonstrated great reluctance to the reform. It is therefore essential that the points mentioned are carefully studied before any changes are implemented by the employers.

Below are the highlights on the most relevant changes […]

By | November 1st, 2017 ||

Canada: Employer’s Duty To Inquire

McNish v. Electronics Boutique Canada and others, 2017 BCHRT 32 (“McNish”) a decision earlier this year by the BC Human Rights Tribunal on an application to dismiss, illustrates an employer’s duty to inquire about the need for accommodation, when it possesses information that raises the possibility that accommodation may be required.

McNish, involved a complainant who alleged discrimination in employment on the basis of mental disability by the respondents Electronics Boutique Canada Inc (“EB Games”), Toni […]

By | October 31st, 2017 ||

Does Denial Of A Lateral Transfer Violate Title VII? In Some Cases, Yes, Says D.C. Circuit

The federal courts in D.C. have long held that denial of a lateral transfer does not violate Title VII for the reason that, unlike where a promotion is denied, there is no adverse employment action when an employee is denied a purely lateral transfer. A panel of the D.C. Circuit recently decided otherwise where the employee proffered evidence that the employer’s discriminatory denial of his lateral transfer request would have an “adverse impact on […]

By | October 27th, 2017 ||