If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more
8/16/2024
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disclosure Requirements ,
Documentation ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Reasonable Accommodation ,
Wage and Hour
Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program.
Employers should review...more
At least one judge thinks so. A federal judge in Lubbock, Texas, has permanently enjoined the federal government from enforcing the Pregnant Workers Fairness Act against the State of Texas and its agencies and divisions....more
3/1/2024
/ Consolidated Appropriations Act (CAA) ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Permanent Injunctions ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Quorum ,
Reasonable Accommodation ,
Sovereign Immunity ,
Standing ,
Texas
Expect to see more of this.
A judge in Connecticut recently dismissed a lawsuit filed by a 26-year employee who developed early-onset Alzheimer's disease. According to the court's opinion, the employee had performed well...more
It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more
10/6/2023
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Comment Period ,
Complaint Procedures ,
Corporate Counsel ,
Corrective Actions ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Religious Accommodation ,
Religious Expression ,
Sexual Harassment ,
Transgender ,
Workplace Harassment Guidance
Two recent court decisions shed some light.
Two decisions in reverse discrimination cases came down this week from the U.S. Court of Appeals for the Seventh Circuit. In one case, a three-judge panel found in favor of the...more
There was this disability discrimination issue . . .
An employer who shall remain nameless had a tradition of throwing a little birthday party for each of its employees on their special day.
The birthday of one employee...more
4/22/2022
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Human Resources Professionals ,
Reasonable Accommodation ,
Social Anxiety Disorder ,
Termination ,
Wage and Hour ,
Workplace Violence
Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Documentation ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Health Care Providers ,
Human Resources Professionals ,
Incentives ,
Personnel Records ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Exemption ,
State Labor Laws ,
Termination ,
Title VII ,
Vaccinations
This information could come in handy for employers.
The National Labor Relations Board has made public three Advice letters dealing with the two hottest topics of our times: Political activism, and COVID-19. In each case, a...more
9/18/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Duty to Bargain ,
NLRA ,
NLRB ,
Political Expression ,
Right to Peaceful Assembly ,
State Labor Laws ,
Title VII ,
UFCW ,
Unions ,
Wage and Hour
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
The Department of Labor has issued new FAQs.
As most of you know, the U.S. Department of Labor has an ever-growing list of FAQs related to the Families First Coronavirus Response Act. The latest FAQs include guidance related...more
Yesterday the U.S. Department of Labor published three pieces of guidance on the Families First Coronavirus Response Act provisions relating to expanded leave under the Emergency Family and Medical Leave Expansion Act and...more
(Not a political endorsement.)
As you know, this blog is non-partisan, even if it kills us. But I couldn't help feeling sorry for Michael Bloomberg on Wednesday night when his fellow Democratic presidential candidates piled...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
Didn't get your data in yesterday? You get a break.
The Equal Employment Opportunity Commission says that it will continue accepting "Category 2" EEO-1 compensation data for the foreseeable future....more
Showing, again, that workplace gossip can get you sued.
I really feel that the employer will win this case, for reasons I'll discuss below, but first . . .
A federal judge has said that starting malicious rumors that a male...more
A tough situation. Could it have been handled better?
The Pennsylvania Department of Insurance will be going to trial in a retaliation case involving reference information it provided for a former employee....more
Here's the timetable for EEO-1 comp data reporting.
Late last week, the Equal Employment Opportunity Commission filed a status report in the case of National Women's Law Center v. Office of Management and Budget. The case is...more
With maybe some relief for employers.
This week, the General Counsel of the National Labor Relations Board publicly released some advice memoranda that indicate better times for employers and possibly tougher times for...more
I see some bombs tucked away in there.
The U.S. Equal Employment Opportunity Commission issued proposed regulations that were published in today's Federal Register....more
Another chapter in a continuing saga.
I've written three times about Dale Kleber, the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company.
Mr. Kleber, who...more
The decision could be a big help to recruiters, staffing companies, and employment agencies.
When might a recruiter be liable for a discriminatory hiring decision?...more
Workplace rules are back, baby!
Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a Memorandum on Wednesday that employers should love. ...more
It's possible to discriminate against someone of your own faith. And illegal.
Carl Smith, a Catholic, was a trainee in Philadelphia's Department of Licenses and Inspection. ...more
Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was...more