An employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – may violate federal civil rights law in some situations if it’s based on discriminatory reasons. According to a SCOTUS...more
4/18/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Supreme Court may soon clarify whether an employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – violates federal civil rights law if it’s done for discriminatory reasons....more
1/18/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Corporate Counsel ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more
10/9/2023
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Certiorari ,
Chevron Deference ,
Civil Rights Act ,
Corporate Counsel ,
Disability Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Hiring ,
Reasonable Accommodation ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Title VII ,
Whistleblower Protection Policies ,
Whistleblowers
When is a job transfer not just a transfer? The Supreme Court will soon decide whether lateral job transfers, with no change in pay or benefits, violates federal civil rights law if done for discriminatory reasons. Read on...more
Federal law’s obligation to accommodate religious observances and practices has been in the spotlight recently because of employees seeking to be exempted from employer mandatory vaccination policies when the vaccine...more
Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more
1/4/2018
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Terms ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Frivolous Lawsuits ,
Hiring & Firing ,
Indemnification ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Retail Market ,
Retailers ,
Title VII ,
Vendors ,
Wage and Hour
The retail industry, due to the seasonal nature of its business, has often bolstered its workforces with temporary employees through employment agencies. This arrangement works as an efficient way for employers to manage the...more
Earlier this summer, the U.S. Supreme Court held that retail giant Abercrombie & Fitch committed religious discrimination by refusing to hire an applicant (EEOC v. Abercrombie & Fitch, read Alert here). The company believed...more
Last year, we wrote about the EEOC’s then-new guidance on the use of criminal-background checks in hiring decisions. [“Using Conviction Records As A Screening Tool,” Retail Industry Update, June 2012]. In December 2012, the...more