News & Analysis as of

Title VII Reasonable Accommodation

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -

March A-Wear-Ness: Uniforms, Dress Codes, and Employee Choice

The basketball court isn’t the only place you’ll see interesting uniforms this month. Many employers choose to implement and enforce their own uniform requirements and dress codes at work. But if done incorrectly, uniforms...more

Employment Law - March 2017 #2

Continuing Violation Doctrine Keeps Title VII Suit Alive - Why it matters - The U.S. Court of Appeals for the Fifth Circuit allowed a professor to move forward with her Title VII hostile work environment claims...more

Shifting sands: the changing landscape of transgender discrimination

by Kirton McConkie PC on

Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Focus on the FMLA: Part III

by Zelle LLP on

Today we come to the third and final post in our series about the Family and Medical Leave Act (FMLA). We’ve tried to address FMLA issues that, in our experience, pose particular challenges for employers. Over the past two...more

Unclear crystal ball: What might 2017 hold for employers?

by Kirton McConkie PC on

In 2016, employers were confronted with many new laws, regulations, and issues. Companies geared up for a substantial change in the overtime rule, which ultimately didn’t take effect after a federal judge in Texas issued an...more

Could “The Last Jedi” Actually Be Practicing Religion in Your Workplace?

by Shipman & Goodwin LLP on

Yesterday, news came out that Episode 8 (I mean, VIII) of the Star Wars series would be named “The Last Jedi”. Which reminded me about an article in The New York Times I saw a few weeks ago that I had been meaning to...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Understanding National Origin Discrimination – Part 1

by Zelle LLP on

In 2000, 7,792 complaints of discrimination based on national origin were filed with the EEOC. By 2002, in part because of the societal effects of 9/11, the number had increased to 9,046. In 2010, 11,304 such complaints...more

Employment Law 2016 - Year In Review

by Wiggin and Dana LLP on

As calendar year 2016 draws to a close, we are once again reminded that employment laws are constantly changing—except, of course, for the one change employers were expecting most, which is where our 2016 employment law...more

Tidal Waves? Music Streaming Service Faces Lactation Break Challenge

While many employers are focused on efforts by the U.S. Department of Labor (DOL) to implement and enforce its revised white collar overtime regulations under the Fair Labor Standards Act (FLSA), employers should not overlook...more

What Employers Can Expect From The Trump Administration

by Franczek Radelet P.C. on

Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more

Employment Newsletter - Fall 2016

by Reminger Co., LPA on

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

Employers May Need To Offer Accomodations To Job Applicants And EMPLOYEES Even If They Do Not Ask For An Accomodation

by Reminger Co., LPA on

Most employers maintain either formal or informal grooming and appearance policies. These policies address the employee’s personal appearance while at work including hairstyle, jewelry, tattoos, piercings, head coverings and...more

Justice Department Settles Pregnancy and Disability Discrimination Lawsuit Against City of Florence, Kentucky

WASHINGTON - The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil...more

Employment Law - October 2016 #2

California Employers Face New Laws - Why it matters - Employers in California will be facing some new laws in the coming months as Governor Jerry Brown signed several employment-related bills on the last day of the...more

7-Eleven Sued By EEOC for Disability Discrimination

Oklahoma Chain Unlawfully Denied Reasonable Accommodations to Workers with Disabilities and Fired Them, Federal Agency Charges - ST. LOUIS - Brown-Thompson General Partnership, dba 7-Eleven, a chain of Oklahoma...more

EEOC Continues its “Fight” Against Mandatory Flu Vaccines

by Kelley Drye & Warren LLP on

Following up on a post from last week on the issue of mandatory flu vaccine policies, the EEOC seems to be on a march to challenge any employer – particularly hospitals – that denies an employee a requested exemption from a...more

Jury in EEOC Suit Says Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination

Diabetic Employee Fired After Drinking Orange Juice to Stop Attack - KNOXVILLE, Tenn. - A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination...more

‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?

by Kelley Drye & Warren LLP on

Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine. Many health care facilities have implemented policies which...more

The EEOC Issues New Enforcement Guidance On Retaliation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more

Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum...

by Franczek Radelet P.C. on

Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in...more

New EEOC and OFCCP Guidance Highlight DOL Focus on Gender Discrimination

by Stinson Leonard Street on

In connection with last week's United State of Women Summit, the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sex...more

No More Mad Men: The OFCCP Leaves its Bell Bottoms Behind and Moves into the 21st Century

Not since the 1970s has the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) amended its Sex Discrimination Guidelines for federal contractors. With the newly issued final rule effective...more

OFCCP Issues Final Rule on Sex Discrimination

Last week, the Office of Federal Contract Compliance Programs issued its Final Rule on Discrimination on the Basis of Sex. The new regulations rescind the OFCCP’s prior Sex Discrimination Guidelines and give regulatory effect...more

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