Earlier this month, the Equal Employment Opportunity Commission (EEOC) issued a proposed guidance on workplace harassment. The EEOC intends the guidance to replace the current document that was issued in 1999....more
The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more
Last year, Congress passed the Pregnant Worker Fairness Act (PWFA). The new law is intended to assist pregnant employees with continuing their jobs until, and in some cases, beyond delivery. Patterned in part on the Americans...more
8/11/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more
Earlier this month, the Equal Employment Opportunity Commission announced settlement of a disability discrimination lawsuit brought by the agency against a Florida fast-food restaurant franchisee. The lawsuit alleged that the...more
When we discuss disciplinary options with employers following confirmation of harassment complaints, we consider the potential risks involved with retaining the employee who was the subject of the complaints. These risks...more
The U.S. Supreme Court’s Bostock v. Clayton County decision recognized discrimination on the basis of sexual orientation and gender identity as forms of sex discrimination, essentially incorporating such claims into Title...more
6/23/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Petition for Writ of Certiorari ,
Protected Class ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
Last month, New York City Mayor Eric Adams signed a new ordinance that adds weight and height to the city’s antidiscrimination prohibitions. The new measure means that employers in New York can be sued for discrimination...more
Last year, the Equal Employment Opportunity Commission (EEOC) expressed its concern that the growing use of artificial intelligence (AI) in recruiting software could unintentionally discriminate against persons in a protected...more
Last month, the Equal Employment Opportunity Commission (EEOC) held a hearing on the increasing use of artificial intelligence for the purpose of making hiring and other employment decisions. In the employment context, AI...more
Under the “stray remarks” doctrine, courts can conclude that an employer’s expressions of frustration, or comments by a manager not involved in an adverse employment decision, are not persuasive evidence of...more
When defending employers accused of discrimination, harassment, or other claims, defense counsel occasionally comes across evidence indicating that the employee may have engaged in criminal activity. If the employer or its...more
On October 3, 2022, the Equal Employment Opportunity Commission (EEOC) announced the settlement of a lawsuit filed by the agency against a Western New York staffing agency. The lawsuit alleged that the agency engaged...more
In Young v. United Parcel Service, the U.S. Supreme Court held that an employer’s light duty program that excludes workers with pregnancy limitations can violate federal pregnancy discrimination laws. However, the...more
On July 12, the Equal Employment Opportunity Commission (EEOC) released an amended Technical Assistance Q&A on the interaction between COVID-19 response measures and federal civil rights laws. While the revisions address a...more
The Equal Employment Opportunity Commission’s (EEOC) revised COVID-19 Technical Assistance Q&A clarifies how employers should evaluate employee requests for exemptions from mandatory vaccination requirements based on medical...more
The employment law blogs have been filled over the past two years with discussions about mandatory COVID-19 testing. However, not many employers have attempted to require employees to have their family members tested for...more
We once had a client opine that he was looking to acquire a new business and not a lawsuit to go along with it. The risk of buying a company with poor human resource practices or pending claims should make review of labor...more
Recently, a client received an EEOC charge that among other claims, alleged that a manager’s discussions of support for former President Trump’s campaign constituted evidence of a hostile work environment based on race....more
Last week, the U.S. House of Representatives approved the Creating a Respectful and Open World for Natural Hair, or CROWN Act. The bill would add a new protected classification to federal employment and other discrimination...more
On December 14, the Equal Employment Opportunity Commission issued updates to its technical assistance for employers dealing with employees who are recovering from COVID-19 infections. The EEOC previously stated that...more
Last week, the Equal Employment Opportunity Commission issued updates to its questions and answers guidance on the interplay between employer COVID-19 policies and federal anti-discrimination laws. While the revised guidance...more
As more employers are considering (or being legally required to consider) implementing COVID-19 vaccination mandates, they should also consider if and how to ask job applicants about their vaccination status. The federal...more
July 26 was the 31st anniversary of the enactment of the Americans with Disabilities Act. In an announcement associated with that anniversary, President Joe Biden’s administration indicated that long-term symptoms associated...more
One of our clients recently received a charge of discrimination filed by a former employee with the Equal Employment Opportunity Commission. The employee, who the employer considered to be African-American, became involved in...more