#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more
The use of algorithmic software and automated decision systems (ADS) to make workforce decisions, including the most sophisticated type, artificial intelligence (AI), has surged in recent years. ...more
Nonprofit Settles Federal Lawsuit Alleging It Fired an Older Worker While She Was on Medical Leave and Replaced Her With Younger, Less-Qualified Employees - WASHINGTON – Northern Virginia Surgery Center, LLC (NVSC), which...more
Last week, the Equal Employment Opportunity Commission (EEOC) published its updated guidance on harassment in the workplace (the “Guidance”) which provides a comprehensive resource on federal workplace harassment law. The...more
Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more
Are you considering hiring a new employee? For workplace safety, having all the necessary information about someone before making important decisions is essential. That’s where criminal background checks come into play. By...more
Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and...more
On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more
On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law...more
The United States Court of Appeals for the Fifth Circuit recently reminded employers that they should create and maintain contemporaneous documentation for their personnel decisions and implement flexible progressive...more
Both practical and legal issues will need to be resolved, but as of today, the EEOC has signaled that mandatory COVID vaccinations are lawful for the vast majority of employees. On December 16, 2020, the Equal Employment...more
Earlier this year, the U.S. Equal Employment Opportunity Commission (EEOC) addressed age discrimination issues related to COVID-19. Based on the U.S. Centers for Disease Control and Prevention’s (CDC) explanation that...more
As travel increases despite ongoing pandemic concerns, hotel operators must address how to welcome back the increased workforce needed to care for more guests. While some hotels remained open during quarantine with...more
The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment...more
With scientists worldwide racing to develop a COVID-19 vaccine, many employers are asking if they can require employees to be vaccinated. As with everything COVID-19, there are many open questions, but here are some of the...more
This post has been updated to reflect additional guidance issued by the U.S. Equal Opportunity Employment Commission ("EEOC") on June 17, 2020. The EEOC has provided employers with supplemental guidance on navigating the...more
As members of the healthcare industry, some of you may be aware of a situation where an aging physician whose physical or cognitive impairments (that went unnoticed or simply ignored) led to an unfavorable, or possibly...more
On February 11, 2020, the Equal Employment Opportunity Commission (EEOC) filed a complaint in Connecticut federal court against Yale New Haven Hospital—the teaching hospital associated with Yale Medical School alleging that...more
Law Partnerships – Age Discrimination Against Law Firm Partners – Owners or Employees – Civil Rights Laws - Von Kaenel v. Armstrong Teasdale, LLP, 943 F. 3d 1139 (2019) - Risk Management Issue: Are law firm partners...more
Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges - NEW HAVEN - Yale New Haven Hospital, the teaching hospital of the Yale School of Medicine, violated...more
Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate...more
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
The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more
The latest catchphrase in the ongoing generational battle between Millennials and their more senior counterparts may have consequences for employers if permitted in the workplace. The phrase, “OK, Boomer” has increasingly...more
As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter...more