Jessie E.R. Mischke

Jessie E.R. Mischke

Dorsey & Whitney LLP

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Quirky Question #266: What’s up with Pregnancy Discrimination?

Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more

9/15/2015 - Best Practices Disparate Treatment EEOC Employer Liability Issues Enforcement Guidance McDonnell Douglas Formula Pregnancy Discrimination Reasonable Accommodation SCOTUS Small Business Young v United Parcel Service

Quirky Question #265, Can I have an English-Only Policy?

Question: Our Company may implement a policy that requires employees to speak in the English language. What risks should we be aware of? ...more

7/21/2015 - EEOC Employer Liability Issues Employment Policies English-Only Rules NLRA NLRB Title VII

Pregnancy Discrimination: A Hot Topic in the Aftermath of Young v. UPS

Pregnancy discrimination continues to evolve following the Supreme Court’s 2015 decision in Young v. UPS. As anticipated, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated guidance, Q&A resource,...more

7/8/2015 - ADA Discrimination EEOC Popular Pregnancy Discrimination Pregnant Workers Fairness Act Title VII UPS Young v United Parcel Service

Supreme Court Sides with Applicant in Abercrombie Headscarf Dispute

Yesterday, in EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. ___ (2015), the Supreme Court of the United States held that an applicant does not need to inform an employer of her need for a religious accommodation in order...more

6/3/2015 - Abercrombie & Fitch Best Management Practices Disparate Treatment EEOC EEOC v Abercrombie Employer Liability Issues Hiring & Firing Job Applicants Religious Accommodation Religious Clothing Religious Discrimination Retailers Title VII

Supreme Court Issues Decision in Young v. UPS: A Duty To Accommodate Pregnant Employees?

The Supreme Court of the United States recently issued its decision in Young v. United Parcel Service, Inc.. Vacating and remanding the Fourth Circuit’s decision, the Court concluded that the Pregnancy Discrimination Act...more

3/27/2015 - Essential Functions PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

DOL Issues Final FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

This week, the U.S. Department of Labor (“DOL”) announced its final rule regarding the definition of “spouse” for purposes of the Family and Medical Leave Act. The rule changes the definition of the term “spouse” from one...more

2/26/2015 - DOL FMLA Leave of Absence Medical Leave Same-Sex Marriage

Quirky Question #249, Rebirth of Pregnancy Discrimination?

Question: I work in Human Resources at a mid-size Minnesota company and am working on an HR resource related to workplace accommodations. I am relatively familiar with the Americans with Disabilities Act, but am...more

1/9/2015 - ADA Affordable Care Act EEOC Employer Mandates FMLA Human Resources Professionals PDA Reasonable Accommodation

DOL Issues Notice of Proposed FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

On June 20, 2014, the U.S. Department of Labor (“DOL”) issued a notice of proposed rulemaking regarding the definition of “spouse” under the Family and Medical Leave Act (“FMLA”). If adopted, employees in same-sex marriages...more

7/9/2014 - DOL DOMA Employer Liability Issues FMLA Rulemaking Process Same-Sex Marriage US v Windsor

Quirky Question #232, We Can Require Our Employee To Work At The Office, Right?

Question: We are a medium-sized Minnesota employer. Our lead accountant recently spoke with our Director of Human Resources and requested to work from home several days a week due to a medical condition. We believe...more

6/27/2014 - ADA Disability EEOC Employer Liability Issues Reasonable Accommodation Telecommuting

EEOC Releases New Guidance on Religious Rights and Criminal Background Checks in the Workplace

In early March, the Equal Employment Opportunity Commission (EEOC) released guidance clarifying employer responsibilities in the areas of accommodating religious beliefs and utilizing background checks. ...more

4/1/2014 - Criminal Background Checks Discrimination EEOC FTC Hiring & Firing Religious Clothing Religious Discrimination Workplace Attire

Quirky Question #218, Minnesota Ban-The-Box

We are a private employer in the State of Minnesota and are expanding rapidly. In years past, we have received hundreds, sometimes thousands, of applications for each position advertised. In an effort to increase efficiency...more

1/20/2014 - Ban the Box Criminal Background Checks Criminal Records

Quirky Question #213, Holiday Parties – Potential Sources of Liability

We are in the midst of preparing for our 2013 holiday party. We plan to schedule an evening event and intend to provide our employees and their guests with free food, entertainment, and alcohol; after all, we’ve worked hard...more

11/25/2013 - Employer Liability Issues Holiday Parties

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