News & Analysis as of

Employee Training Employment Litigation

Parker Poe Adams & Bernstein LLP

Eighth Circuit Rejects Employees' Challenge to Equity Training

Federal courts are facing an increasing number of lawsuits from employees claiming that their rights were violated when they were required to attend diversity, equity, and inclusion (DEI) training. These suits have used...more

Sheppard Mullin Richter & Hampton LLP

Safety First for Retailers — New York Boosts Retail Safety with Mandatory Workplace Violence Prevention Plans, Annual Training...

In an effort to mitigate the risk of violence at work, New York Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (RWSA) on September 5, 2024. The law introduces stringent workplace violence...more

Littler

Littler Lightbulb: July Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Parker Poe Adams & Bernstein LLP

Mandatory Unconscious Bias Training Did Not Violate Title VII

Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work...more

Steptoe & Johnson PLLC

The EEOC Unveils Final Version of Enforcement Guidance on Harassment in the Workplace

On April 29, the U.S. Equal Employment Opportunity Commission (EEOC), after nearly seven years of effort, released updated guidance concerning harassment in the workplace. The updated guidance reflects three key developments...more

Spilman Thomas & Battle, PLLC

When Even Emojis are Evidence: The Importance of Clear Written Communication

People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are...more

Holland & Hart - Employers' Lawyers

10th Circuit Scrutinizes DEI Training Program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,...more

Parker Poe Adams & Bernstein LLP

DEI Training Videos Did Not Create Hostile Work Environment

Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more

Bradley Arant Boult Cummings LLP

Four New Year’s Resolutions for Employers

New Year’s resolutions are common. Many people attempt a “dry” January. Others a dry February, because there are less days in the month. As we close out the first month of 2024 here are four proposed New Year’s resolutions...more

Spilman Thomas & Battle, PLLC

Groff v. DeJoy and Its Impact on Religious Accommodation

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2024 - November 28th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on

Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more

Bradley Arant Boult Cummings LLP

Please DO Stop the Music: Ninth Circuit Rules Offensive Tunes Can Constitute a Hostile Workplace

Many workplaces allow their employees to listen to music or radio on site. But what if employees choose to blast “sexually graphic” and “violently misogynistic” songs throughout a warehouse? Does it matter whether the...more

Bradley Arant Boult Cummings LLP

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more

Perkins Coie

Cal/OSHA Publishes Indoor Heat Illness Prevention Standard

Perkins Coie on

Following delays due to the COVID-19 pandemic, the California Division of Occupational Safety and Health (Cal/OSHA) has finally revisited its indoor heat illness prevention standard (the Standard)....more

Husch Blackwell LLP

The Labor Law Insider: Union Activity, Employment Engagement, and Changes in the Manufacturing Industry, Part II

Husch Blackwell LLP on

Host Tom Godar welcomes Husch Blackwell partner Anne Mayette to part two of this Labor Law Insider podcast. Anne is deeply engaged in counseling employers regarding employment and labor activity and defends employers in...more

Littler

Second Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias

Littler on

The U.S. Court of Appeals for the Second Circuit has rejected an employee’s claim that he was unlawfully discriminated against based on religion after he refused to attend mandatory LGBTQ anti-discrimination trainings. In...more

Bradley Arant Boult Cummings LLP

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more

Perkins Coie

NLRB and FTC Jointly Issue MOU on Information Sharing, Training, and Outreach

Perkins Coie on

The National Labor Relations Board (NLRB) and the Federal Trade Commission (FTC), on July 19, 2022, jointly issued a memorandum of understanding (MOU) regarding information sharing, cross-agency training, and outreach of...more

King & Spalding

Partygate: Work-Place Negations, Intoxications and Investigations

King & Spalding on

Many of you will have read the Sue Gray report published last week into the investigation into alleged gatherings of Number 10 staff on UK Government premises during Covid restrictions. It makes a sobering read...more

Verrill

Limiting Harassment Claims When Returning to IRL Engagement

Verrill on

It is April 2022 and after 2 years of pandemic-related in-person meeting restrictions (also known as meeting In Real Life (IRL)), we are seeing increases in employers permitting work-related travel. That, coupled with...more

Rumberger | Kirk

New Bill Likely to Shift #MeToo Cases from Arbitration to Courts

Rumberger | Kirk on

The Federal Arbitration Act (FAA) was amended in recent days when both houses of Congress approved the bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445). Days before its passage,...more

CDF Labor Law LLP

[Webinar] Combatting the Rise in Wage & Hour and PAGA Litigation in the Healthcare Industry - October 7th, 10:00 am - 11:00 am PST

CDF Labor Law LLP on

Healthcare employers are not immune to the outbreak of wage and hour and PAGA claims that are plaguing California businesses. As healthcare is one of the largest and fastest-growing industries in the country, it places a...more

Bradley Arant Boult Cummings LLP

EEOC Locks onto Bostock: New Guidance on Sexual Orientation and Other Gender Issues

You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII.  After that decision,...more

Brooks Pierce

EEOC’s New Guidance Regarding Sexual Orientation and Gender Identity Workplace Discrimination

Brooks Pierce on

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced new resources to aid employers and employees in understanding the EEOC’s position regarding sexual orientation and gender identity discrimination....more

Butler Snow LLP

Avoiding Safety-Based Workplace Retaliation Claims

Butler Snow LLP on

There finally seems to be a light at the end of the dark, COVID-19 pandemic tunnel. As spring transitions to summer, COVID-19 case numbers are decreasing while the vaccination rate is increasing. Given these positive...more

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