Test your knowledge about the FMLA, pregnancy bias, and more!
How much do you know about moms in the workplace . . . in 2021? Take our quiz and find out! As long as you are a mom, have a mom, love a mom, or know a mom, you...more
5/7/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Child Care ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
In Loco Parentis ,
Lactation Accommodation ,
Maternity Leave ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Religious Exemption ,
Vaccinations
Before the coming crackdown.
We expect federal agencies under the Biden Administration to move in a not-so-employer-friendly direction as soon as they have a chance to get settled in. While they're still settling in, this...more
4/16/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Biden Administration ,
Caregivers ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
Human Resources Professionals ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
NLRA ,
Non-Exempt Employees ,
OSHA ,
Performance Reviews ,
Policies and Procedures ,
Protected Concerted Activity ,
Reasonable Accommodation ,
Videoconference ,
Workplace Safety
Bless this employer's heart.
Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more
4/9/2021
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Light-Duty Positions ,
Paid Sick Leave ,
Pregnancy Disability Leave Law ,
Reasonable Accommodation ,
Termination ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Injury
Here are some suggestions for making it painless.
Although the Director of the Centers for Disease Control and Prevention has a feeling of "impending doom" about COVID-19, many employers are ready to get back to normal. ...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Child Care ,
Coronavirus/COVID-19 ,
Pregnancy ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Return-to-Work Agreements ,
Telecommuting ,
Vaccinations
Vaccines, unemployment, and more!
I had a COVID return-to-work quiz back in May, but a lot has changed since then, so I thought it might be fun to do an updated version. So . . .
How much do you know about COVID in the...more
2/26/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Incentives ,
Layoffs ,
Masks ,
Quarantine ,
Reasonable Accommodation ,
Religious Exemption ,
Social Distancing ,
Trump Administration ,
Unemployment ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Some Q and A.
Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information...more
1/15/2021
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Register ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical History ,
Risk Assessment ,
Safe Harbors ,
Voluntary Participation ,
Wellness Programs
And employers will like it.
NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins.
The U.S. Equal Employment Opportunity...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Food and Drug Administration (FDA) ,
GINA ,
Health Care Providers ,
New Guidance ,
OSHA ,
Personal Information ,
Pharmacies ,
Reasonable Accommodation ,
Religious Accommodation ,
Title II ,
Title VII
The EEOC is inviting us to ask for opinion letters!
The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public.
Eligible topics...more
12/11/2020
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Opinion Letter ,
Title VII ,
Wage and Hour
Here are 10 quick takes.
The Equal Employment Opportunity Commission issued on Tuesday a proposed update to the Religious Discrimination section of its Compliance Manual. The current section of the Compliance Manual has not...more
11/20/2020
/ Americans with Disabilities Act (ADA) ,
Compliance Manuals ,
Equal Employment Opportunity Commission (EEOC) ,
Holidays ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Ministerial Exception ,
Reasonable Accommodation ,
Religious Discrimination ,
Title VII ,
Undue Hardship ,
Workplace Harassment Guidance
In honor of Veterans Day, here's a summary of employment laws that protect you.
Before employment. For federal contractors, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (affectionately known as "VEVRAA"),...more
11/11/2020
/ Americans with Disabilities Act (ADA) ,
Department of Defense (DOD) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Job Promotions ,
Military Service Members ,
Paid Leave ,
Protected Class ,
USERRA ,
Veterans ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
An easy-to-read guide that works for all employees using legal meds.*
The Equal Employment Opportunity Commission recently issued new guidance documents on the rights of employees who are legally using opioids, and for their...more
. . . and an alternate universe without it.
It seems like only five years ago that the Americans with Disabilities Act was celebrating its 25th anniversary. But here we are, five years later, and the ADA is having its 30th...more
An ambiguity in the agency's prior guidance has been clarified.
The Equal Employment Opportunity Commission updated its guidance on COVID-19 issues yesterday and clarified that employers may not test employees for COVID-19...more
And, remember those wellness regulations? New ones are in progress.
Yesterday the Equal Employment Opportunity Commission updated its FAQs on coronavirus and discrimination. For those who are already familiar with the...more
A cautionary tale.
In a decision issued this week, a federal judge in Greensboro, North Carolina, ruled that an employer's policy requiring employees to disclose their legal prescription medications may have violated the...more
The EEOC clarifies its position on COVID-vulnerable employees.
Yesterday, the Equal Employment Opportunity Commission reissued guidance on employers' responsibilities with respect to employees who have medical conditions...more
We're back in business, baby! (Sorta.)
Life in general may be returning to normal after our two-month exile, and many employers are starting to bring their employees back to work. Are you ready? How much do you really know...more
Breaking news.
The Equal Employment Opportunity Commission updated its guidance on COVID-19 yesterday to say that employers could test employees for the virus before allowing them into the workplace, and that the testing...more
National origin, race, age, pregnancy -- and coronavirus.
Dear Readers:
No, I have not quit blogging!
As you can imagine, we at Constangy have been consumed with getting up to speed on new laws like the Families First...more
Test your knowledge!
How much do you know about alcohol use and abuse in the workplace? Take our quiz and find out! Sure, everyone is giving all the attention to marijuana these days, but the laws surrounding alcohol are, if...more
Two courts have said yes, but one now says no.
In 2017, I wrote about a federal court decision saying that gender dysphoria was a "disability" within the meaning of the Americans with Disabilities Act. A year later, another...more
And you thought you had problems!
A medical clinic in the St. Louis area had two employees (among others, I presume). "Rose" was African-American. "Daisy" (race unknown) had a disability. ...more
The U.S. Court of Appeals for the Seventh Circuit ruled this week that severe obesity is not a "disability" within the meaning of the Americans with Disabilities Act unless it is caused by a physiological disorder....more
How's your employment law history knowledge?
Happy Memorial Day weekend, everybody! In honor of the occasion, see how much you remember about these old federal employment laws that we deal with every day. As always, answers...more
It's spring, and a young person's fancy turns to . . .
. . . why, the federal regulatory agenda! What else?
Here are the items that I think will be of most interest to our readers....more