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Miss Mannerly's five tips for political peace in the workplace

Election Day is almost upon us, Gentle Reader. Behave! Dear Miss Mannerly: My employees have strong political views, and since the Presidential debate the other night, they are out of control. They are split about evenly...more

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Drugs and alcohol in the workplace: Five fun facts

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more

Don't use AI to get around the ADA!

Warning -- I'm about to go on a rant. Do you ever read something in the news that just makes you go, "Sheesh, people!!!" Or words to that effect? And, no, I am not talking about the Presidential Election. The Wall Street...more

Reasonable accommodation and the ADA: Top 8 rules for employers

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

Hiring discrimination claims: 5 ways to stay out of hot water

Learn from a real employer's mistakes. Imagine this scenario: You are advertising for an open position. You get three applicants: •Applicant 1 meets or exceeds all of your requirements. •Applicant 2 fails to meet your...more

Ouch! Four tips on email mishaps in the workplace

This lawsuit seems destined to lose. Even in California. Have I said “You can’t make this stuff up” in the last six weeks or so? No? Cool. You can’t make this stuff up. In case you needed a cautionary tale about workplace...more

Texas challenge to EEOC harassment guidance ends -- for now.

It's not over. I previously reported that a number of states have challenged the new Enforcement Guidance on workplace harassment issued by the U.S. Equal Employment Opportunity Commission, based on the position that the...more

Employers, don't get tripped up in this "GINA" trap

Asking about family history is usually illegal. Oh. My. Gosh. United Airlines required post-offer medical examinations for its new hires. Nothing wrong with that -- it's specifically allowed under the Americans with...more

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

10 social media tips for employers and employees

Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

Pregnancy regs take effect, results of court challenges are mixed

The legal challenges relate to "abortion accommodation." Not long ago, I blogged about two legal challenges to the regulations interpreting the Pregnant Workers Fairness Act. In one case, 14 state attorneys general filed...more

ADA challenge to wellness incentives stays alive

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

EEOC lowers the boom on EEO-1s

Employers who (allegedly) didn't file are being sued. The Equal Employment Opportunity Commission announced on Wednesday that it has filed suit against 15 employers in 11 states and in a variety of industries for failing to...more

Challenges to EEOC regs keep on coming

Pregnancy regs, harassment guidance under fire. Not long ago, I reported that a number of state attorneys general had filed suit seeking to block the final regulations interpreting the Pregnant Workers Fairness Act. Their...more

Law firm faces trial on HR manager’s pregnancy claims

A handy guide on what not to do. A federal judge in Florida has ruled that a former Human Resources manager for a law firm will get a jury trial on her claims related to her termination right before she was due to return...more

Mother's Day "pregnancy" quiz!

A lot has changed since Mother's Day 2023. Happy Mother's Day weekend, all, including you dads and kids (we couldn't have done it without you)! How much do you know about pregnancy in the workplace in 2023? Take our quiz...more

EEOC Guidance on workplace harassment: What employers need to know

Last fall, I reported on a proposed Enforcement Guidance issued by the Equal Employment Opportunity Commission on workplace harassment. I gave the proposed guidance a good review overall, although I had some disagreements...more

Everything you wanted to know about Pregnant Workers Fairness Act*

*And are sorry you asked. Last Friday, the Equal Employment Opportunity Commission published its final regulations on the Pregnant Workers Fairness Act. The regulations will take effect on June 18, just under a year since...more

“Significant harm” not needed for discriminatory transfer claim, SCOTUS says

Just a little harm will do. On Wednesday, the U.S. Supreme Court unanimously ruled that Title VII does not require a plaintiff to show that a discriminatory transfer to another position caused her to suffer “significant” or...more

Reverse gender identity discrimination? Yes, it's a thing.

What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination. In McCreary v. Adult World, Inc., a...more

DEI Quiz!

What's legal, and what's not? Diversity, equity, and inclusion programs in employment are increasingly being challenged in the courts. How much do you know about the legalities? Take our quiz and find out! This is a hard...more

Is the Pregnant Workers Fairness Act an invalid law?

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

Woo-hoo! 2023 EEO-1 data collection will start April 30!

The U.S. Equal Employment Opportunity Commission will begin accepting employers’ 2023 Component 1 EEO-1 data starting Tuesday, April 30. The last day to file the data is June 4. The EEOC anticipates that its Component 1...more

When employers are sorry

The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more

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