Top 10 Global Developments in Business and Human Rights in 2020
A decades-long trend of increased legal attention to business and human rights globally continued in 2020, albeit with mixed and incomplete results.
February 22, 2021 at 10:00 AM
6 minute read
Progress in the field of business and human rights in 2020 was mixed. Important measures were initiated, and some decided, by legislative, judicial, administrative and international bodies. A process to draft an EU directive on mandatory human rights due diligence began, even as a similar initiative fell short in Switzerland. Canada's Supreme Court rendered a landmark ruling on common law damages suits against companies for overseas human rights violations, while the U.S. Supreme Court heard oral argument on a similar issue. New regulations on extractive industries' transparency and pension fund investments were issued by the U.S. SEC and Department of Labor, but could still be overturned. Although negotiations on a UN treaty on business and human rights made little progress, a treaty on environmental rights in Latin America and the Caribbean gathered enough State support to come into force in 2021.
The following are among the year's more important developments globally in business and human rights:
Mandatory Human Rights Due Diligence: EU: After the EU Justice Minister announced that the EU hoped to approve a directive on mandatory human rights due diligence for companies in 2021, and European Parliament Committees recommended a proposed rule for companies based in or doing business in Europe, the European Commission opened a proceeding for public comment. Stay tuned for results in second semester 2021.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
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