Discrimination, Employer Liability Issues, Employment Policies

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on 9/17/2024

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Workplace Harmony in 2024: Navigating the EEOC’s Latest Harassment Guidelines

Bradley Arant Boult Cummings LLP on 6/11/2024

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

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

DirectEmployers Association on 4/25/2024

The following is Part 2 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday, April...more

Muldrow Sets a New Standard for Workplace Discrimination

Perkins Coie on 4/24/2024

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did...more

Muldrow v. City of St. Louis: The Supreme Court Opens the Door for Discriminatory Job Transfer Claims

Butler Snow LLP on 4/23/2024

On Wednesday, April 17, 2024, the United States Supreme Court provided an opening for workers to allege employment discrimination claims regarding job transfers based on sex, race, religion, or national origin. In Muldrow v....more

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

Bradley Arant Boult Cummings LLP on 1/9/2024

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

Menopause in the Workplace: A Multi-Faceted Issue

Faegre Drinker Biddle & Reath LLP on 12/14/2023

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more

EEOC Releases Proposed Enforcement Guidance on Workplace Harassment

Arnall Golden Gregory LLP on 10/31/2023

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released its proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”). The Proposed Guidance “is...more

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

Mintz - Employment Viewpoints on 9/20/2023

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more

Harassment Outside the Workplace: Can it Lead to Employer Liability?

Spilman Thomas & Battle, PLLC on 6/22/2023

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an...more

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

Poyner Spruill LLP on 4/19/2023

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims. Doing so can help to rebut the allegation that an individual has been subjected...more

The Role of Bystander Intervention in Preventing Workplace Harassment

Epstein Becker & Green on 4/10/2023

Organizations that successfully create an inclusive and positive culture understand that all of its people have an important role to play in maintaining a harassment-free workplace. Any incident of harassment can affect more...more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Weekends Revisited? Fifth Circuit Re-examines Gender-Specific Scheduling Decision

Bradley Arant Boult Cummings LLP on 4/4/2023

Can you have an employment policy that is clearly based on gender? What if it doesn’t affect an “ultimate employment decision,” such as hiring, firing, promoting, granting leave or compensation? Last year, we told you about a...more

Reductions in Force: Legal Do’s and Don’ts

Skadden, Arps, Slate, Meagher & Flom LLP on 12/15/2022

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

New Year Brings New Laws for Illinois Employers

Sheppard Mullin Richter & Hampton LLP on 12/13/2022

The New Year will usher in several new Illinois employment laws. These laws cover a myriad of topics and will require revisions to employee handbooks and general employment policies....more

Heads Up, Not Down — Tennessee Employees Now Get To Wear Their CROWN: What Employers Should Know About Tennessee’s CROWN Act

Bradley Arant Boult Cummings LLP on 11/30/2022

Workplace hair discrimination is a topic that has floated through the media for the past several years. To prohibit discrimination, California has implemented the “Creating a Respectful and Open World for Natural Hair (CROWN)...more

Employer Response Tips From Firing Suit Over Birdwatcher

Bradley Arant Boult Cummings LLP on 10/14/2022

No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more

California Expands FEHA to Include Off The Job Cannabis Use

Sheppard Mullin Richter & Hampton LLP on 9/16/2022

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

Massachusetts Bans Hairstyle Discrimination

Foley Hoag LLP on 7/29/2022

On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act. Among other things, the law prohibits discrimination based on “traits...more

HR Quick Take: Anti-Discrimination Laws

Dentons on 6/23/2022

Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...more

Supreme Leak: Religion at Work

Verrill on 5/11/2022

Over the last year, our society has navigated COVID-19 and rules concerning vaccination and masking. As a society and on this blog, we have discussed regularly the role religious freedoms play in the work environment—under...more

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

Bradley Arant Boult Cummings LLP on 9/9/2021

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Paid Time Off For Getting The Vaccine: States Are Moving Towards That.

Fox Rothschild LLP on 3/26/2021

I have been asked many times by clients if they need to give employees paid time off in order to get the vaccine. I tell them (in New Jersey) that they are not compelled to do so, but it is a good idea. Some States have...more

US Regional Employment 2020: Tennessee - Chambers USA Regional Practice Guide

Bradley Arant Boult Cummings LLP on 10/22/2020

Law and Practice - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more

Discrimination › Employer Liability Issues › Employment Policies

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