The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more
Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults...more
If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more
5/2/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating...more
The Equal Employment Opportunity Commission recently introduced proposed enforcement guidance aimed at further clarifying and strengthening measures against harassment in the workplace. The 144-page guidance outlines...more
11/17/2023
/ Anti-Harassment Policies ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
New Guidance ,
New Regulations ,
Regulatory Agenda ,
Workplace Harassment Guidance
Recently, the EEOC announced its top priorities for the coming years in its Strategic Plan for 2022-2026. We hit the highlights of the goals and plans for implementation below so that you can start preparing for the upcoming...more
No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission.
A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more
Do you have to pay an employee on military leave? Generally, you only have to pay for military leave if you pay employees on “comparable” leaves. So what is a comparable leave? In Clarkson v. Alaska Airlines, Inc., the Ninth...more
2/15/2023
/ Corporate Counsel ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Military Leave ,
Military Service Members ,
USERRA ,
Wage and Hour
This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more
11/23/2022
/ Bureau of Labor Statistics ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Pay Equity Laws ,
Posting Requirements ,
Safe Harbors ,
State and Local Government ,
Unemployment ,
Vaccinations ,
Wage and Hour
A familiar sight behind the scenes at many employers is the mandatory publication that describes employee rights and remedies under various federal statutes. The EEOC has a new version of the poster entitled “Know Your...more
If a letter from the EEOC is in your virtual mailbox but you never open it, have you received it? Most of us are familiar with the requirement that a claimant who files an EEOC charge has 90 days to file a lawsuit after...more
The EEOC first issued enforcement guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities in May 2007. Given that the EEOC issued some new guidance regarding pandemic-related caregiver...more
This week, the EEOC issued new guidance regarding pandemic-related caregiver discrimination. The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women so discrimination against...more
Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more
11/24/2021
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Harassment ,
Multidistrict Litigation ,
OSHA ,
Paid Family Leave Law ,
Regulatory Oversight ,
Sexual Orientation ,
Stays ,
Termination ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data...more
It was a mess of times. It was the masked of times. We all probably agree that 2020 presented unexpected and unwanted challenges to employers. It certainly made all of us address unprecedented issues. Let’s look back at some...more
12/30/2020
/ Business Closures ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Political Speech ,
Relief Measures ,
Title IX ,
Vaccinations ,
Wage and Hour
Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Alabama.
This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination,...more
11/10/2020
/ Age Discrimination ,
Employees ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equal Pay ,
Gun Laws ,
Immigration ,
Independent Contractors ,
Misclassification ,
Restrictive Covenants ,
State and Local Government ,
Unions ,
Wiretapping ,
Workers Compensation Act
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer...more
Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-Berru, the Supreme Court expanded the ministerial exception that...more
7/16/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
Can you require employees to sign arbitration agreements? After more than 20 years of saying no, the EEOC has reversed its policy and says you can.
Background -
In 1997 the EEOC issued the Policy Statement on Mandatory...more
The sometimes agonizingly slow Equal Employment Opportunity Commission is trying to be more efficient. According to the latest Agency Financial Report, in fiscal year 2019 the EEOC reduced the level of pending private sector...more
Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more
11/1/2019
/ ADEA ,
Age Discrimination ,
Appeals ,
Dismissals ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Failure to Investigate ,
Hiring & Firing ,
Summary Judgment
If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the...more
Can you ask a job applicant criminal history? As with so many legal questions, the answer is “it depends” — on where you work, in this case. A recently enacted law will change this answer for Colorado employers beginning as...more
6/12/2019
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
New Legislation ,
State Labor Laws
The U.S. Equal Employment Opportunity Commission’s fiscal year ended on Sept. 30, 2017 and it has released its yearly "Performance and Accountability Report." Although this is a look back, it provides insight on what is...more
12/27/2017
/ Age Discrimination ,
Annual Reports ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Genetic Discrimination ,
Harassment ,
Hiring & Firing ,
Mediation ,
National Origin Discrimination ,
Race Discrimination ,
Reasonable Accommodation ,
Regulatory Violations ,
Religious Discrimination ,
Retaliation ,
Sex Discrimination