This past Monday, July 14, a divided EEOC issued its new guidance, which supersedes the 1983 chapter on pregnancy discrimination in its Compliance Manual. It also issued a Q&A and a Fact Sheet. A lot has happened since 1983,...more
I plan to write more about this later in the week, but today the EEOC issued an Enforcement Guidance, Q&A, and Fact Sheet on pregnancy discrimination and accommodation. Much of the Guidance reiterated the law as we had always...more
I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical...more
She gazed thoughtfully out the window. “That’s the problem. I don’t know,” she said. “So I guess I’ll have to keep blogging about employment law topics, with special emphasis on the Americans with Disabilities Act, sexual...more
I was interviewed yesterday by Colin O’Keefe of LXBN-TV on the impact of the Supreme Court’s Hobby Lobby decision, and I did a “quick and dirty” post on the decision the day it was issued. Since that time, the decision has...more
Burwell v. Hobby Lobby: Regulations issued by the U.S. Department of Health and Human Services under the Affordable Care Act required that employers provide coverage for 20 contraceptive methods approved by the Food and Drug...more
As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would...more
What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more
Legend has it that King Henry II of England, angry at his former friend Archbishop Thomas á Becket, vented, “Will no one rid me of this meddlesome priest?” Next thing you know, four of his knights went over to the Cathedral...more
The correct answer is “NO, because the relationship is consensual, so no ‘harassment’ is involved.” People are always surprised at this answer, but the courts generally take the position that favoritism based on a consensual...more
Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers’ ability to offer incentives to employees based on their participation in wellness programs, or whether...more
A reader, who has asked to remain anonymous, suggested that I write about employees who make “stupid” complaints about discrimination, harassment, or other allegedly unlawful treatment.
The following is a fictionalized...more
Is this new UPS pregnancy discrimination decision really such great news for employers?
HINT: Check the dates!!!
The U.S. Court of Appeals for the Fourth Circuit* held this week that there is no "reasonable...more
A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes...more
Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more
We're already into the seventh day of Chanaukkah, and Christmas is only eight short shopping days away ("I've gotta get that football helmet!"), so it must be time for a post on how employers should handle the holidays in the...more
Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial....more
Happy Thanksgiving, y'all! I know we have plenty to be miserable concerned about, but that is not my role today. Here, in no particular order, are five labor-and-employment-related things for which I am thankful. (Crabbiness...more
In tough economic times, harassment training tends to be viewed as a luxury that can be gone without until things get better.
I understand this thinking, but harassment training on a regular basis is never a "luxury."...more