News & Analysis as of

Business Necessity

California Joins the Ban-the-Box Bandwagon

California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions concerning an applicant or employee’s criminal convictions will now be subject to the new regulation... That regulation...more

FEHC Proposes New Regulations on National Origin Discrimination

by Fisher Phillips on

There has been a lot of animated discussion in the news recently about immigration status, national security policy, and country of origin as these issues relate to federal policy. Think “travel ban” and “extreme vetting” –...more

California Employers Will Soon See New Workplace Regulations Take Effect - Rules On Transgender Discrimination And Criminal...

by Fisher Phillips on

In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more

Disparate Impact Threat Can Set Policy

by Sherman & Howard L.L.C. on

A recent disparate impact claim over drug testing sets the stage for participants to dictate improvements in employer policies. In Jones et al v. Boston, No. 15-2015 (1st Cir. Dec. 28, 2016), the court considered claims by...more

Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea. We had previously blogged...more

Electronic Discovery Preparedness Audit Handbook

by Baker Donelson on

While your organization may not regularly be involved in costly or complicated litigation, there are instances in which it may nonetheless be required to identify, collect, and produce documents most likely in the form of...more

Recognizing and Managing Disparate Impact Issues

by Zelle LLP on

The law recognizes two forms of unlawful discrimination. The most familiar is disparate treatment, in which an employee’s protected class status is a motivating factor in an adverse employment action. A less familiar, and...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 7: Lawful...

by White & Case LLP on

Why does this topic matter to organisations? Processing of personal data is lawful only if, and to the extent that, it is permitted under EU data protection law. If the controller does not have a lawful basis for a given...more

Employer Can Require Psych Evaluation of Employee Who Threatened Suicide

The Americans with Disabilities Act only allows employers to conduct medical examinations of employees on the basis of business necessity. Last month in an unpublished decision, the Sixth Circuit Court of Appeals concluded...more

Employment-ish FHA Decision

by Sherman & Howard L.L.C. on

Amid the headlines of last week’s Supreme Court decisions was one applying disparate impact analysis to claims under the Fair Housing Act “FHA”. Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project,...more

PERM FOIA Litigation Reveals DOL Directives on Business Necessity and Finite Employment

Earlier this year, as a result of Freedom of Information Request Act (FOIA) litigation, the U.S. Department of Labor released a number of documents related to the agency’s policies and procedures in processing labor...more

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

by Morrison & Foerster LLP on

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other...more

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

by Bracewell LLP on

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

New EEOC Rule Is Good News For Employers

by Akerman LLP - HR Defense on

Do you ever get the idea that all developments out of Washington, DC are bad for employers? Well, at least in this instance, there is some good news for a change....more

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