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When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

EEOC Issues Long-Awaited Enforcement Guidance on Harassment in the Workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on harassment in the workplace. The guidance is the result of approximately seven years of effort and replaces...more

EEOC Issues New Guidance on Religious Objections to COVID-19 Vaccine Mandates

As many employers await the Occupational Safety and Health Administration’s impending vaccination rule, the Equal Employment Opportunity Commission quietly released new guidance regarding religious objections to mandatory...more

EEOC Issues Guidance on Gender Identity Discrimination

By virtue of the U.S. Supreme Court’s 2020 opinion in Bostock v. Clayton County, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or transgender status. On June 15,...more

Public and Private Employees File First Challenges to Mandatory Vaccination Policies

In a pair of notable new lawsuits, employees of both public and private employers have filed legal challenges to mandatory COVID-19 vaccination policies. First, on April 16, 2021, in the Middle District of North Carolina, a...more

Mask Madness: Managing the CDC's New Guidelines for Vaccinated Individuals

On May 13, 2021, the Centers for Disease Control issued consequential, and largely unexpected, guidance stating that “fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where...more

Business Groups Request Clarity From EEOC on Vaccine Incentives

On February 1, a group of organizations representing national employers, including the U.S. Chamber of Commerce, sent a letter to the Equal Employment Opportunity Commission requesting that it “quickly issue guidance...more

EEOC Issues COVID-19 Vaccine Guidance to Employers

On December 16, the U.S. Equal Employment Opportunity Commission updated its running COVID-19 guidance to include critical new information about the intersection of equal employment laws and the COVID-19 vaccine. Most...more

EEOC Issues Additional Guidance for Employers on COVID-19

On Tuesday, the U.S. Equal Employment Opportunity Commission issued an update to its running guidance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updates address...more

EEOC Issues Guidance on Return to Work for Employees in COVID-19 High Risk Categories

On May 7, the EEOC posted new guidance about how to handle return to work for an employee known to be in a COVID-19 “high risk” category.  First, if the employee does not request a reasonable accommodation, then the ADA...more

Internet Job Postings Pose Legal Perils for Employers

Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify...more

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