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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

Fourth Circuit Rejects Retaliation Claim Based on ‘Personal Gossip'

In Johnson v. Global Language Center, the Fourth Circuit Court of Appeals affirmed a district court's decision to grant summary judgment in favor of an employer in a Title VII retaliation claim, where the “protected activity”...more

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

U.S. Supreme Court to Reconsider Test for Workplace Religious Accommodations

On January 13, the U.S. Supreme Court accepted review of a case that may have significant repercussions for employers faced with religious accommodation requests. The case was brought by Gerald Groff, who sued the U.S. Postal...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

Court Dismisses Claims Against Whole Foods for Ban Impacting Black Lives Matter Masks

On February 5, a federal court in Massachusetts entered an order dismissing Title VII claims brought against Whole Foods by a number of employees who were disciplined for wearing masks or other items supportive of the Black...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

Political Speech in the Workplace: 2020 Refresher

As we near Election Day, employers are again faced with the thorny challenges posed by political expression at work. When adopting policies to address political speech in the workplace, employers must be mindful of a...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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