Just about every state or federal employment law has an anti-retaliation provision. Very simply put, anti-retaliation provisions are intended to protect individuals who either pursue their rights under the law, who assist...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
Starting April 13.
The Equal Employment Opportunity Commission has announced that employers can submit their EEO-1 "Component 1" data starting April 13. The deadline to submit data is May 17. Here is the full announcement:...more
Plans for the "new" EEOC.
As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires. ...more
A new series.
NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more
3/25/2022
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
GINA ,
Race Discrimination ,
Religious Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour
Don't be surprised.
A spokesperson for the Equal Employment Opportunity Commission has told Bloomberg Law that the agency is thinking about adding information about nonbinary employees to the EEO-1 reports that must be...more
The questions that people send to advice columns!
"I sent $10,000 worth of birthday presents to my grandchildren, and not one of them wrote me a thank you note. Can I stiff them next year?"
"My boyfriend cheats on me...more
I'm not sure the ADA will let you do that.
There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
10/8/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Medical History ,
OSHA ,
Reasonable Accommodation ,
Religious Beliefs ,
Title VII ,
Vaccinations ,
Wage and Hour
Idle speculation as employers await the actual guidance.
As you know, last week President Biden issued Executive Orders and a directive to the Occupational Safety and Health Administration to require many, many employers...more
9/17/2021
/ Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Labor Relations ,
Paid Leave ,
Reasonable Accommodation ,
Remote Working ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour
What should employers be watching for?
Since COVID hit in full force in March 2020, many employees started working from home and having work-related discussions -- and even parties -- via videoconference.
Now that people...more
8/6/2021
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
Remote Working ,
Secret Recordings ,
Sexual Orientation Discrimination ,
Title VII ,
Videoconference ,
Wage and Hour
Employers, don't get played.
"This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all."
Oh, yeah?...
...more
5/28/2021
/ At-Will Employment ,
Discrimination ,
Documentation ,
Due Process ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
NLRA ,
Reasonable Accommodation ,
Retaliation ,
Termination ,
Wage and Hour ,
Whistleblowers
And here are the details, such that they are.
In his address to the Joint Session of Congress on Wednesday evening, President Joe Biden formally announced (among other things) the paid leave provisions of his American...more
For two years: 2019 and 2020.
On Monday, the Equal Employment Opportunity Commission announced that its portal for the collection of "Component 1" EEO-1 information is now open.
"Component 1" is the run-of-the-mill...more
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
For 2019 and 2020.
The U.S. Equal Employment Opportunity Commission has announced that it will collect employers' EEO-1 Component 1 data for 2019 and 2020 starting April 26 and running through July 19...more
Science!
Wednesday was Equal Pay Day, the day on which women's pay finally catches up to that of their male counterparts.
They say that a woman has to work from January 1 through March 24, 2021, in addition to all of...more
3/26/2021
/ Caregivers ,
Child Care ,
Coronavirus/COVID-19 ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hospitality Industry ,
Pay Gap ,
Remote Working ,
Sex Discrimination ,
Wage and Hour
There's a new sheriff in town . . . . . .
so y'all better straighten up.
You probably know by now that the Biden Administration fired Sharon Fast Gustafson, the Trump-appointed General Counsel of the Equal Employment...more
3/12/2021
/ Age Discrimination ,
Biden Administration ,
EEO ,
EEOC General Counsel ,
Employee Training ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Joe Biden ,
Mediation ,
Medical Leave ,
Policies and Procedures ,
Race Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Wage and Hour ,
Wrongful Termination
And that's not all!
Nail in the coffin for Trump Order on "divisive" training. In January, President Biden signed an Executive Order that revoked Trump Executive Order 13950. As Cara Crotty has written, the Trump E.O....more
3/5/2021
/ Coronavirus/COVID-19 ,
Delays ,
Department of Labor (DOL) ,
Diversity ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Independent Contractors ,
Infectious Diseases ,
Inspector General ,
Joe Biden ,
NLRB ,
NLRB General Counsel ,
Occupational Exposure ,
OIG ,
OSHA ,
Subcontractors ,
Trump Administration ,
Wage and Hour
Marty moves ahead!
The Senate Health, Education, Labor and Pensions Committee voted 18-4 yesterday to send the nomination of Boston Mayor Marty Walsh to the full Senate, where he is expected to be confirmed...more
Tougher EEOC and OFCCP, a legal challenge at NLRB, and more.
NOTE FROM ROBIN: In this limited-edition "Biden Time" series, I provide regular updates on the new President's appointments and other actions that will be of...more
1/29/2021
/ Biden Administration ,
Cause Determination Finding ,
Conciliation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Independent Contractors ,
Mediation ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Opinion Letter ,
Race Discrimination ,
Tip-Pooling ,
Unfair Labor Practices ,
Videoconference ,
Wage and Hour
He's not letting the grass grow under his feet.
NOTE FROM ROBIN: When President Trump took office in 2016, I had a series of "Trumpdates," in which I provided regular updates on appointments and other actions he was taking...more
Yippee.
Last May the Equal Employment Opportunity Commission suspended its collection of EEO-1 (and EEO-3 and EEO-5) data because of the coronavirus pandemic. According to the agency,
Recognizing the impact that the...more
Predictions from our attorneys in the practice areas that affect employers.
NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more
12/18/2020
/ Affirmative Action ,
Biden Administration ,
Compliance ,
Congressional Review Act ,
Data Privacy ,
Department of Labor (DOL) ,
Electoral College ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
H-1B ,
Immigration ,
Multistate Employers ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Elections ,
Race Discrimination ,
Religious Exemption ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
It's official! (Well, close enough.)
This evening, the Electoral College confirmed Joseph R. Biden as winner of the 2020 Presidential election. Congress will not do an official count of the electoral votes until January 6,...more
12/15/2020
/ Discrimination ,
Electoral College ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Harassment ,
Joe Biden ,
NLRB ,
OSHA ,
Personal Protective Equipment ,
Wage and Hour ,
Workplace Safety
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