On June 29, 2023, the U.S. Supreme Court issued a unanimous decision clarifying the standard for determining whether employees’ religious accommodation requests impose an undue hardship on employers....more
The Equal Employment Opportunity Commission has released an updated poster that employers with more than 15 workers are required to display. The new poster, released on Oct. 19, 2022, and marked “(Revised 10/20/2022),”...more
On June 23, 2022, the Michigan Court of Appeals ruled that an arbitration agreement contained in a personnel manual was not enforceable because the associated disclaimer indicated that the manual did not create a...more
Key Takeaways:
..Caregiver discrimination is not by itself unlawful under federal or Michigan law, but it can be when it is based on protected characteristics.
..Employment decisions based on gender stereotypes are...more
KEY TAKEAWAYS -
..H.R. 4445 prohibits pre-dispute arbitration clauses and waivers of right to bring joint actions in cases of sexual assault or sexual harassment.
..Courts, not arbitrators, determine the applicability...more
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) revealed its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing, which has been published in the Federal Register and is...more
11/8/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Masks ,
OSHA ,
Penalties ,
Recordkeeping Requirements ,
Reporting Requirements ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more
6/9/2021
/ Appeals ,
Civil Rights Act ,
EEO ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Protected Activity ,
Public Policy ,
Retaliation ,
Reversal ,
Summary Judgment ,
Title VII ,
Wrongful Termination
The federal Worker Adjustment and Retraining Notification Act (“WARN”) requires covered employers to provide advance notice of “plant closings” and “mass layoffs” that resulting in an “employment loss” at a single site of...more
After a lengthy legal debate, additional data will be required from employers who file an annual EEO-1 form. Covered employers will also have to provide that additional data retrospectively, for both 2017 and 2018, by...more
The Equal Employment Opportunity Commission ("EEOC") has rescinded Wellness Regulations it originally issued in May 2016. The change, which took effect on Jan. 1, 2019, has created uncertainty for employers who collect...more
According to a report released by the Equal Employment Opportunity Commission (EEOC), employers are at an increased risk of age-discrimination litigation due to changing workforce demographics. The June 2018 report, titled...more
The Office of Management and Budget (“OMB”) issued a memorandum yesterday to the Equal Employment Opportunity Commission (“EEOC”) informing the agency that it is initiating a review of the effectiveness of the pay data...more
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits...more
The Equal Employment Opportunity Commission (EEOC) issued updated guidance on Nov. 21, 2016, regarding national origin discrimination for the first time since 2002. In 2015, 11 percent of all discrimination charges filed with...more
The Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance on Retaliation and Related Issues, marking the first time that the EEOC has issued a formal resource document on retaliation since...more
On Wednesday July 13, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) issued a revised proposal expanding pay data collection from federal contractors and other employers with more than 100 employees...more
On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued two final rules regarding employer wellness plans, the first to amend existing regulations under the Genetic Information and Non-Discrimination Act...more
5/20/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Medical Examinations ,
Notice Requirements ,
Safe Harbors ,
Tobacco-Cessation ,
Wellness Programs
The U.S. Department of Labor (DOL) has issued five new Family Medical Leave Act (FMLA) certification forms.
When the DOL issued its March 2013 revision to the FMLA regulations, its primary purpose was to address the...more
The Equal Employment Opportunity Commission (EEOC) has a statutory obligation to attempt to conciliate in good faith a cause finding as a condition precedent to filing litigation. In its unanimous opinion in Mach Mining, LLC...more
Employers should re-evaluate any employment policies that exclude –intentionally or not –pregnant employees from job accommodations, leave or other benefits in the face of Wednesday’s U.S. Supreme Court decision in Young v....more
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, its first comprehensive update on the subject of discrimination against pregnant...more