I am pumped! Are you?
Last week, the U.S. Department of Labor issued a Field Assistance Bulletin to its staff on how to enforce the PUMP for Nursing Mothers Act, which was signed into law at the end of 2022 and is currently...more
Happy Mother's Day weekend.
How much do you know about the new Pregnant Workers Fairness Act, which will take effect only six short weeks from now? Take our Mother’s Day quiz and find out! You don’t have to be a mother (or...more
On Tuesday, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case I blogged about in January. The case is about what standard of "undue hardship" should apply in religious accommodation cases.
Under every...more
4/21/2023
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Religious Accommodation ,
Religious Beliefs ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
USPS ,
Vaccinations ,
Wage and Hour
Mental illness can cause problems at work, and keep employees from getting help.
If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more
3/31/2023
/ Americans with Disabilities Act (ADA) ,
Attendance ,
Human Resources Professionals ,
Mental Health ,
Performance Reviews ,
Reasonable Accommodation ,
Retaliation ,
Social Media ,
Termination ,
Title VII ,
Wage and Hour
This is a G-rated post. PG at worst.
Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more
3/3/2023
/ Appearance Policy ,
Canada ,
Disability Discrimination ,
Dress Codes ,
Gender Dysphoria ,
Leave of Absence ,
Popular ,
School Boards ,
Teachers ,
Title VII ,
Transgender ,
Wage and Hour
"Undue hardship" defense is likely to become tougher.
The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more
1/27/2023
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Popular ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
Wage and Hour
The lawsuit that transformed Title VII is over.
Remember Gerald Bostock?
He filed suit against Clayton County, Georgia, alleging that he was fired because of his sexual orientation....more
And opens up a can of worms.
In June 2021, the Equal Employment Opportunity Commission (or, to be more precise, EEOC Chair Charlotte Burrows, a Democrat*) issued non-binding guidance about LGBT workers. ...more
So misunderstood!
NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more
9/16/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
At-Will Employment ,
Discrimination ,
Documentation ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Termination ,
Title VII ,
USERRA ,
Wage and Hour
Second post in our series.
NOTE FROM ROBIN: Last month, I posted the first in what will be a series of very basic explanations of the federal laws that govern the workplace.
I could not resist having religious...more
A new series.
NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more
3/25/2022
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
GINA ,
Race Discrimination ,
Religious Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour
Of course it is!
Every time I think I’ve heard everything, I hear another thing.
Melinda Abbt was a firefighter for the City of Houston. On her own personal computer, she had a video of herself dancing nude. She made the...more
Somebody say "Amen."
The Equal Employment Opportunity Commission has added a new section to its COVID-19 guidance, related to religious objections to vaccine mandates.
I am happy (OK, relieved) to say that the latest...more
10/29/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
De Minimis Claims ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Religious Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
I'm not sure the ADA will let you do that.
There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
10/8/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Medical History ,
OSHA ,
Reasonable Accommodation ,
Religious Beliefs ,
Title VII ,
Vaccinations ,
Wage and Hour
What should employers be watching for?
Since COVID hit in full force in March 2020, many employees started working from home and having work-related discussions -- and even parties -- via videoconference.
Now that people...more
8/6/2021
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
Remote Working ,
Secret Recordings ,
Sexual Orientation Discrimination ,
Title VII ,
Videoconference ,
Wage and Hour
Here's what's been going on this week.
Some noteworthy labor and employment developments from the past week, in no particular order:
Court rules against Christian teacher who wouldn't use kids' names, preferred...more
7/16/2021
/ Americans with Disabilities Act (ADA) ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Ministerial Exception ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Religious Accommodation ,
Religious Schools ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
EEOC takes a stand on bathrooms and gender identity.
Well, not the whole Equal Employment Opportunity Commission. Just the chair, Charlotte Burrows (D), who has issued non-binding guidance on sexual orientation and gender...more
Happy days are here again!
How much do you know about summer workplace fun in '21? Take our quiz and find out! As always, the answers appear right after each question, so you can cheat all you want -- we'll never know. And...more
Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Documentation ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Health Care Providers ,
Human Resources Professionals ,
Incentives ,
Personnel Records ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Exemption ,
State Labor Laws ,
Termination ,
Title VII ,
Vaccinations
Can employers breathe easy now?
Last Saturday, I went to the supermarket and did my weekly grocery shopping without a mask.
It was glorious! And completely legal!
But employers may not be as elated as I am, now that...more
5/21/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Incentives ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Pregnancy ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Social Distancing ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Vaccinations ,
Workplace Safety
Predictions from our attorneys in the practice areas that affect employers.
NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more
12/18/2020
/ Affirmative Action ,
Biden Administration ,
Compliance ,
Congressional Review Act ,
Data Privacy ,
Department of Labor (DOL) ,
Electoral College ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
H-1B ,
Immigration ,
Multistate Employers ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Elections ,
Race Discrimination ,
Religious Exemption ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
And employers will like it.
NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins.
The U.S. Equal Employment Opportunity...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Food and Drug Administration (FDA) ,
GINA ,
Health Care Providers ,
New Guidance ,
OSHA ,
Personal Information ,
Pharmacies ,
Reasonable Accommodation ,
Religious Accommodation ,
Title II ,
Title VII
The EEOC is inviting us to ask for opinion letters!
The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public.
Eligible topics...more
12/11/2020
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Opinion Letter ,
Title VII ,
Wage and Hour
I have written many, many, many, many times about the transgender funeral director who was terminated from her job after she told the owner that she would begin presenting as a female.
The Equal Employment Opportunity...more
Here are 10 quick takes.
The Equal Employment Opportunity Commission issued on Tuesday a proposed update to the Religious Discrimination section of its Compliance Manual. The current section of the Compliance Manual has not...more
11/20/2020
/ Americans with Disabilities Act (ADA) ,
Compliance Manuals ,
Equal Employment Opportunity Commission (EEOC) ,
Holidays ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Ministerial Exception ,
Reasonable Accommodation ,
Religious Discrimination ,
Title VII ,
Undue Hardship ,
Workplace Harassment Guidance