An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more
8/20/2025
/ Anti-Harassment Policies ,
Appeals ,
Appellate Courts ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Non-Employees ,
Retaliation ,
Sexual Harassment ,
Third-Party Harassment ,
Title VII ,
Workplace Harassment Guidance
Following a number of 2025 executive orders and combined guidance from the Equal Employment Opportunity Commission and the Department of Justice (DOJ) targeting diversity, equity, and inclusion (DEI) initiatives, a July 29,...more
If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...more
7/31/2025
/ Appeals ,
California ,
City of Los Angeles ,
Corporate Counsel ,
Damages ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hostile Environment ,
Sex Discrimination ,
Sexual Harassment ,
Workplace Harassment Guidance
While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more
7/24/2025
/ Algorithms ,
Artificial Intelligence ,
Best Practices ,
Bias ,
Bots ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Technology
In, Stanley v. City of Sanford, Florida, the U.S. Supreme Court clarified the scope of the Americans with Disabilities Act, holding that Title I’s employment discrimination provisions do not apply to individuals who are...more
If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more
6/18/2025
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Healthcare ,
Hiring & Firing ,
Job Applicants ,
Reasonable Accommodation ,
Settlement ,
Sex Discrimination ,
Title VII
Before June 5, 2025, the law (at least in some jurisdictions) was that majority-group employees (e.g., white or heterosexual) had to show additional “background circumstances” in addition to a prima facie case to prove...more
Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168...more
5/23/2025
/ Constitutional Challenges ,
Corporate Counsel ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Gender Identity ,
Judicial Authority ,
Sexual Harassment ,
Texas ,
Title VII
As everyone in Human Resources knows by now, the Pregnant Workers Fairness Act (PWFA) requires employers to reasonably accommodate employees because of pregnancy and conditions related to pregnancy. In case you missed it, we...more
5/8/2025
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compliance ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...more
Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more
4/25/2025
/ #MeToo ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Sex Discrimination ,
Sexual Harassment ,
Statutory Interpretation
Even just a few years ago, the concept of using artificial intelligence (AI) in everyday life was a novel, if somewhat intimidating, concept. But from Google’s AI overview to Microsoft’s Copilot, many of us use AI daily to...more
4/17/2025
/ Artificial Intelligence ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hiring & Firing ,
New Legislation ,
Proposed Legislation ,
State Labor Laws ,
Technology
As you know, there’s been a frenzy around DEI initiatives this year in the of wake President Trump’s executive orders regarding diversity, equity, and inclusion programs. We addressed the executive order titled “Ending...more
President Donald Trump’s “Return to In-Person Work” executive order (EO) mandates that federal employees return to full-time office work. This EO effectively ended the widespread hybrid and remote work arrangements that had...more
2/12/2025
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Labor Reform ,
Legislative Agendas ,
Reasonable Accommodation ,
Regulatory Agenda ,
Regulatory Requirements ,
Trump Administration
Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more
2/6/2025
/ Affirmative Action ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Executive Orders ,
Race Discrimination ,
SCOTUS ,
State Attorneys General ,
Students for Fair Admissions v Harvard College ,
Trump Administration
What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more
1/21/2025
/ Americans with Disabilities Act (ADA) ,
Data Privacy ,
Data Protection ,
Disability Discrimination ,
Discrimination ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Reasonable Accommodation ,
Smart Devices ,
Technology Sector ,
Title VII ,
Tracking Systems
The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more
Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults...more
If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more
5/2/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating...more
The Equal Employment Opportunity Commission recently introduced proposed enforcement guidance aimed at further clarifying and strengthening measures against harassment in the workplace. The 144-page guidance outlines...more
11/17/2023
/ Anti-Harassment Policies ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
New Guidance ,
New Regulations ,
Regulatory Agenda ,
Workplace Harassment Guidance
Recently, the EEOC announced its top priorities for the coming years in its Strategic Plan for 2022-2026. We hit the highlights of the goals and plans for implementation below so that you can start preparing for the upcoming...more
No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission.
A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more
Do you have to pay an employee on military leave? Generally, you only have to pay for military leave if you pay employees on “comparable” leaves. So what is a comparable leave? In Clarkson v. Alaska Airlines, Inc., the Ninth...more
2/15/2023
/ Corporate Counsel ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Military Leave ,
Military Service Members ,
USERRA ,
Wage and Hour
This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more
11/23/2022
/ Bureau of Labor Statistics ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Pay Equity Laws ,
Posting Requirements ,
Safe Harbors ,
State and Local Government ,
Unemployment ,
Vaccinations ,
Wage and Hour