OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more
In recent years, the Equal Employment Opportunity Commission and federal courts across the U.S. have increasingly agreed that discrimination against transgendered employees is a form of sex discrimination under Title VII....more
Over the past several years, the Equal Employment Opportunity Commission has taken a decidedly more aggressive position with regard to litigation against employers accused of discrimination. The EEOC has brought a number of...more
Section 7 of the National Labor Relations Act protects employees’ rights to engage in “concerted activity.” Concerted activity means persons acting on behalf of two or more employees with regard to issues involving terms and...more
On occasion, an employee’s medical condition may cause employers concern over that person’s ability to operate heavy machinery or otherwise to work in a hazardous environment. For example, an employee with epilepsy has...more
In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more
Last month, the National Labor Relations Board continued its expansion of legal protections for employees in non-unionized workplaces. In a 2-1 decision, the Board concluded that Section 7 of the NLRA prohibits employers from...more
For years, the Equal Employment Opportunity Commission has cautioned employers against adopting strict English-only rules in the workplace. The EEOC considers such policies to constitute race and/or national origin...more
The ADA Amendments Act substantially broadened the definition of protected disabled persons under federal law. Prior to ADAAA, federal courts routinely dismissed disability discrimination claims on the basis that the claimed...more
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race or color. In most situations, these two protected classifications are interchangeable, with discrimination on the basis of color...more
The Family and Medical Leave Act only provides job protected leave rights to eligible employees. Among other eligibility criteria, an employee claiming entitlement to FMLA leave must work at a location with a minimum of 50...more
Earlier this week, the arts and crafts retailer Michael’s Stores, Inc. received notice of a new class action lawsuit challenging its use of applicant background checks. The lawsuit alleges that the retailer failed to provide...more