News & Analysis as of

Americans with Disabilities Act (ADA) Anti-Retaliation Provisions Employer Liability Issues

Holland & Hart - Employers' Lawyers

The Pregnant Workers Fairness Act aka the EEOC’s New Baby

The Pregnant Workers Fairness Act (PWFA), the newest member of the family of federal anti-discrimination laws, is almost one year old! Instead of inviting employers over for cake and photo ops, after one year of accepting...more

Littler

Littler Lightbulb: February Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Bradley Arant Boult Cummings LLP

Are They Qualified? 11th Circuit Further Defines ADA Category

Does the fact that an individual is disabled automatically make him a “qualified individual with a disability” under Title I of the ADA? In Stanley v. City of Sanford, Florida, the Eleventh Circuit said no....more

Proskauer Rose LLP

California Employment Law Notes - May 2022

Proskauer Rose LLP on

Former UCLA Physician Can Proceed With Whistleblower Claims - Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) - Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more

Proskauer - Whistleblower Defense

EEOC Updates COVID-19 Guidance with Anti-Retaliation Section

On November 17, 2021, the EEOC updated its technical guidance on COVID-19 and anti-discrimination with a new anti-retaliation section. The new section largely restates existing statutory anti-retaliation protections in the...more

Sheppard Mullin Richter & Hampton LLP

DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies

On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures,...more

Smith Anderson

Employee Transfers May Be Considered 'Adverse Actions': Fourth Circuit Provides Guidance

Smith Anderson on

Employers should be aware of the risk of liability under anti-discrimination and anti-retaliation statutes when transferring employees to other positions. A recent decision of the U.S. Court of Appeals for the Fourth...more

Bradley Arant Boult Cummings LLP

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant Employees

There is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face...more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

Holland & Knight LLP

5 Tips for Employers to Safeguard Against Employee Discrimination Claims Arising from COVID-19

Holland & Knight LLP on

In the wake of the evolving coronavirus pandemic (COVID-19), employers were suddenly faced with unique challenges to their ability to protect the health and safety of their employees. As a result, many employers transitioned...more

U.S. Equal Employment Opportunity Commission...

Erickson Living Management Will Pay $151,000 to Settle EEOC Retaliation Lawsuit

BALTIMORE - Erickson Living Management, LLC, a Catonsville, Md.-based company which builds and manages retirement communities in 11 states, will pay $151,000 in monetary relief and furnish significant equitable relief to...more

Fisher Phillips

EEOC Lawsuit Push Takes Aim At Hospitality Employers

Fisher Phillips on

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as...more

Proskauer - California Employment Law

California Employment Law Notes - July 2018

Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

Foley & Lardner LLP

The Massachusetts Pregnant Workers Fairness Act Is Now In Effect: What Employers Need To Know

Foley & Lardner LLP on

On April 1, 2018, the Massachusetts Pregnant Workers Fairness Act (the Act) went into effect, creating several rights and protections for pregnant workers, as well as for workers who have conditions related to pregnancy. The...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Conn Maciel Carey LLP

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

Conn Maciel Carey LLP on

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Mintz - Employment, Labor & Benefits...

Employment Law Summer Recap 2014: Part 2 of 11 – What do the Ice Bucket Challenge and FMLA-Related Lawsuits Have in Common?

$113.6 million and counting – that’s the total amount donated to the ALS Association since July 29 as a result of the Ice Bucket Challenge. Just to put that fundraising number into perspective, the Association raised around...more

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