Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more...more
The EEOC first issued enforcement guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities in May 2007. Given that the EEOC issued some new guidance regarding pandemic-related caregiver...more
The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act.
Recall the drama of the Trump administration's narrower definition of a joint employer for...more
There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more
We are all familiar with the phrase “No good deed goes unpunished.” That apparently is the theme of an Eighth Circuit opinion reviewing an employee’s suit alleging that she was improperly denied an accommodation under the...more
Law and Practice Chambers -
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...more
10/29/2021
/ Alabama ,
Black Lives Matter ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Discrimination ,
Dispute Resolution ,
Employer Liability Issues ,
Employer Mandates ,
Gig Economy ,
Harassment ,
Health and Safety ,
Immigration ,
Interviews ,
NLRB ,
OSHA ,
Privacy Laws ,
Public Health Emergency ,
Restrictive Covenants ,
Retaliation ,
Sexual Harassment ,
State and Local Government ,
Technology ,
Termination ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more
10/13/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Reasonable Accommodation ,
Religious Discrimination
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
9/9/2021
/ Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Preferred Treatment ,
Retaliation ,
Sex Discrimination ,
Summary Judgment ,
Termination ,
Title VII ,
Workplace Romances
The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data...more
Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more
11/25/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Gender Identity ,
Joint Employers ,
NLRB ,
Popular ,
Screening Procedures ,
Sexual Orientation Discrimination ,
Vaccinations ,
Workplace Harassment Guidance
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
10/22/2020
/ Black Lives Matter ,
Coronavirus/COVID-19 ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Gig Economy ,
Harassment ,
Health and Safety ,
Interviews ,
New Guidance ,
NLRB ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Restrictive Covenants ,
Social Distancing ,
State and Local Government ,
Technology Sector ,
Unions ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations...more
How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and...more
In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So...more
9/10/2018
/ Anti-Harassment Policies ,
Complaint Procedures ,
Discrimination ,
EEO ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Identity ,
Harassment ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Communication
The EEOC’s fiscal year just ended and now it is releasing news of its successes. Although this is a look back, it gives us all insight as to what is important to the Commission and, perhaps, how we can stay off its radar....more
11/16/2017
/ Discrimination ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Information Reports ,
Legislative Agendas ,
Mediation ,
Portal ,
Private Sector ,
State and Local Government ,
Time-Management
If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal...more
When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more
7/26/2017
/ Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Pharmacies ,
Race Discrimination ,
Retaliation ,
Walgreens
Before the Americans with Disabilities Act (and there was a time before the ADA), it was not uncommon to require employees to have a doctor’s note returning them to work “with no restrictions.” That won’t work in today’s ADA...more
Sexual harassment—we have policies against it, we train people on how to prevent and report it, and yet still we have big news stories about it. In the last year, Fox News hit the headlines on this front multiple times–not...more
My last post talked about Diamond v. Hospice of Florida Keys and what the Eleventh Circuit said about FMLA interference claims. As promised, this post will look at the Diamond decision’s take on the FMLA retaliation front....more
If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more
3/9/2017
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
National Origin ,
National Origin Discrimination ,
Native American Issues ,
Title VII
In my supervisor training sessions, I used to note that Title VII prohibits discrimination based on sex, with a reminder that it applies to both sexes. In recent training sessions, however, I find that section now takes a...more
The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity...more
9/12/2014
/ Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Final Guidance ,
Gender Discrimination ,
Government Investigations ,
Investigations ,
OFCCP ,
Sex Discrimination ,
Title VII ,
Transgender