The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses...more
In our recent webinar, we mentioned that the Oklahoma State Department of Health had until July 26th to make medical marijuana application requirements, instructions and certain forms available to the public. You can now...more
In November we alerted employers that an Oklahoma City federal court jury awarded Rachel Tudor, a transgender employee, $1.165 million in her discrimination, retaliation and hostile work environment lawsuit against...more
3/26/2018
/ Civil Rights Act ,
Hiring & Firing ,
LGBTQ ,
Motion for Reconsideration ,
Professors ,
Reinstatement ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
State Universities ,
Tenure ,
Title VII ,
Transgender
Courts have disagreed on whether an employer discriminating against an employee based upon their sexual orientation violates federal anti-discrimination laws. Yesterday’s ruling by a New York federal appeals court means this...more
Understanding and complying with OSHA’s many requirements can be daunting. At a recent Tulsa Area Employer Council meeting, Jason Hudson with the Oklahoma Department of Labor explained an excellent tool available for Oklahoma...more
Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to...more
Franken. Lauer. Spacey. Weinstein. Moore. And others. There is no question that in 2018 all employers will be facing growing harassment challenges. That means now is a critical time to assess the effectiveness of your policy,...more
The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity....more
11/22/2017
/ Corporate Counsel ,
Damages ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Jury Verdicts ,
Professors ,
Remedies ,
Retaliation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Tenure ,
Transgender ,
Universities ,
Wrongful Termination
The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more
A Form I-9 is used for verifying the identity and employment authorization of individuals — both citizens and noncitizens — hired for employment in the United States. All U.S. employers must ensure proper completion of Form...more
When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more
7/15/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Essential Functions ,
Hiring & Firing ,
Job Offers ,
Jury Trial ,
Medical Examinations ,
Past Performance ,
Reasonable Accommodation ,
Temporary Employees ,
Withdrawal
Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the...more
4/26/2017
/ Civil Rights Act ,
Complaint Procedures ,
Duty to Act ,
Employer Liability Issues ,
Home Depot ,
Jury Trial ,
Murder ,
Negligent Supervision ,
Off-Duty Employees ,
Sexual Harassment ,
Supervisors ,
Wrongful Death
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
Last month the Tenth Circuit Court of Appeals upheld a $2.1 million dollar judgment entered against a Tulsa restaurant for Fair Labor Standards Act (FLSA) overtime and minimum wage violations. If you ever wanted a guide on...more
Just two weeks into the new administration, and we’re starting to get a sense of what changes may be looming for employers.
At the forefront are President Trump’s picks to lead the nation’s federal employment agencies....more
2/6/2017
/ Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Over-Time ,
Pay Equity Laws ,
Presidential Nominations ,
Regulatory Freeze ,
Secretary of Labor ,
Trump Administration
Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on...more
The November 22 ruling by a Texas federal court delays implementation of the U.S. Department of Labor’s (DOL) new regulations which would have increased the number of employees entitled to overtime pay. In fact, the court’s...more
Are you an employer who uses temporary employees, staffing agencies or independent contractors?
Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that...more
Don’t get me wrong: Firing an employee while they are on a Family and Medical Leave Act (FMLA) absence is dicey. But, as a recent federal appeals court decision that covers Oklahoma employers demonstrates, there are...more
When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must...more
For many years, law enforcement was a male-dominated profession. Recently, police and sheriff departments have made strides to increase the number of female officers. All employers must ensure they are treating male and...more
On May 17, 2016, the U.S. Department of Labor issued the new Fair Labor Standards Act overtime regulations, which will mean millions of employees who are currently exempt will, for the first time, earn overtime for any hours...more
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
It’s been awhile since Oklahoma’s Supreme Court weighed in on the ability of fired employees to sue their employers for wrongful discharge. Now a vomiting nurse gets to take a shot at the nursing center that terminated his...more
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