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Don’t drag your feet on accommodation requests

Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to an employee with a disability, so long as the accommodation is reasonable and does not impose an undue hardship upon the employer’s...more

Court strikes down EEOC’s sexual orientation and gender identity guidelines

A federal court’s ruling last week striking down the Equal Employment Opportunity Commission’s guidelines on gender identity and sexual orientation harassment in the workplace got the attention of employers around the...more

When can an employer be liable for harassment happening outside of work?

Generally, employers are not responsible for events involving their employees that happen after hours and away from work. But that is not always the case. In its April 2024 Enforcement Guidance on Harassment in the Workplace,...more

Which laws apply to my out-of-state remote employees?

While an increasing number of employers have issued mandates or announced their intentions in recent months to require their remote employees to return to the office, it’s safe to assume that some employees may continue to...more

Reservist’s claim that employer was anti‑military goes down in flames

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their...more

Employer in deep Sheetz over criminal history check

A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more

EEOC sues Meatheads

Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more

Transgender harassment lawsuit goes forward

Courts around the country are split on the question of whether Title VII of the Civil Rights Act protects individuals against discrimination based on sexual orientation. A recent Arizona federal court recognized the ability...more

What retaliation standard applies to employers?

Employee accusations of retaliation are some of the most dangerous claims to be levelled against employers. A recent appeals court decision that applies to Oklahoma employers holds that retaliation claimants must satisfy a...more

On The Horizon: Greater enforcement of employment laws

Despite everything we’ve heard about deregulation, federal employment agencies ramped up their activity during 2018. And according to early indications, employers should expect the same trend in 2019. Here are a few examples....more

Attack on an employer’s promotion decision

Are you prepared to defend a promotion or hiring decision when someone accuses you of discrimination? That’s when an employer must be in a position to show their selection was absolutely non-discriminatory and based upon...more

EEOC issues bathroom guidelines for transgender employees

Last summer the Occupational Safety and Health Administration (OSHA) released its “Best Practices: A Guide to Restroom Access for Transgender Workers.” In a nutshell, the OSHA publication stated that transgender employees...more

Keys to crafting an effective response to an EEOC discrimination charge

Once the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from a current or former employee, the Commission begins gathering information about their allegations of discriminatory treatment....more

EEOC now revealing employers' information to charging parties

The Equal Employment Opportunity Commission (EEOC) has forwarded to you a charge of discrimination filed by a former employee complaining they were fired by your company based on their race. In addition to the charge of...more

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