Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more
8/15/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Enforcement ,
Governor Pritzker ,
Hiring & Firing ,
Human Rights ,
Illinois ,
Job Applicants ,
New Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology
Since our last post on this topic, pay transparency laws were enacted or became effective in four states, the District of Columbia, and several municipalities. The jurisdictions that require or will soon require some form of...more
What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more
If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more
5/2/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more
Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also...more
If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more
This week, the Department of Homeland Security (DHS) issued a new final rule on the Form I-9 process. Under the new rule, the DHS Secretary may authorize alternative Form I-9 documentation examination procedures that do not...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
5/31/2023
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Compensation ,
Corporate Counsel ,
Disability ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Failure to Accommodate ,
Hiring & Firing ,
Interpreters ,
Reasonable Accommodation ,
Reversal
Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it...more
5/26/2023
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bots ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Interviews ,
Job Applicants ,
Municipalities ,
State and Local Government ,
Technology Sector ,
Title VII
Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more
2/21/2023
/ Absenteeism ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Failure to Notify ,
Hiring & Firing ,
Termination
Non-compete clauses in employment agreements have been the source of much controversy over the years. Employers want them to protect their human capital and to prevent competitors from stealing their valued employees....more
For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more
As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and...more
1/4/2023
/ Americans with Disabilities Act (ADA) ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Drug Testing ,
Employee Training ,
Employees ,
Employer Mandates ,
Hemp ,
Hiring & Firing ,
Marijuana ,
Stop Woke Act ,
Vaccinations
We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more
12/22/2022
/ Americans with Disabilities Act (ADA) ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Leave of Absence ,
Reasonable Accommodation ,
Remote Working
If you have or want enforceable non-compete agreements with employees, read on.
Here’s a hypothetical: You are looking to hire a salesperson, and you find just the right person, John. Your company has a great...more
Employment lawyers always win war story contests at cocktail parties. Facts like the ones in Davis v. ULP provide ample fodder for those type of conversations.
Performance Problems or Age Discrimination?
The...more
A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia...more
9/22/2022
/ Adverse Employment Action ,
Discipline ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Over-Time ,
Protected Concerted Activity ,
Protests ,
Remand ,
Unfair Labor Practices ,
Unions
Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more
It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more
9/1/2022
/ Adverse Employment Action ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals. In Constellium Rolled Products v. NLRB, the employer’s...more
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
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more
4/22/2022
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Section 301 ,
State and Local Government ,
Termination
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
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