Employment Law Blog

SCOTUS Opens the Door to “Reverse” Discrimination

Employers expecting good news from a largely pro-employer Supreme Court have just been dealt an unexpected headache. In a rare unanimous opinion, the United States Supreme Court opened the door a little further to claims of “reverse” discrimination in the case of Ames V. Ohio Department of Youth Services. The Court removed the requirement that plaintiffs claiming reverse discrimination must prove their claims with additional background circumstances that were not required for a traditional discrimination claim.  More >

WEBINAR - Scary Stories from the HR Department, Volume VI: Who Killed Non-Competes?

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Supreme Court Remodels Title VII Religious Accommodations in Groff v. DeJoy

For nearly 50 years, the common test of religious accommodation from the Hardison v. Trans World Airlines, Inc. case was that, if a religious accommodation required more than a de minimis cost, it was asking too much of an employer under Title VII. In Groff v. DeJoy, the Supreme Court of the United States  decided that this standard needs a reset, and employers may be in for a few changes. More >

New Year Brings New Federal Protections for Pregnant and Nursing Employees

At the end of December, Congress passed two bills that alter employers’ obligations to pregnant and nursing employees, with new standards that will be going into effect in 2023. The first of these bills is the Pregnant Workers Fairness Act (PWFA), which provides employees who are experiencing conditions arising from pregnancy or childbirth with the right to reasonable accommodations. The second is the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as the PUMP Act. While there are already federal requirements in place for employers to provide postpartum employees with nursing facilities meeting certain standards, the PUMP Act expands the coverage of those requirements to more types of employees. More >

WEBINAR - Scary Stories from the HR Department, Chapter V: Invasion of the Employee Snatchers!

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Fourth Circuit Rules That Gender Dysphoria Is Not Excluded by ADA

Earlier this week, the U.S. Court of Appeals for the Fourth Circuit ruled that gender dysphoria is not to be excluded from the broad definition of “disability” laid out in the Americans with Disabilities Act (ADA). This decision may signal a new direction for discrimination law, and employers should be aware of its impacts. More >

EEOC Updates Caregiver Guidance for Employers

Though we are now two years into the pandemic, the Equal Employment Opportunity Commission (EEOC) is still not finished issuing COVID-related guidance for employers. The Commission’s latest statement involves issues of bias regarding employees with caregiver responsibilities, especially such responsibilities relating to or resulting from the pandemic. Employers should be aware of how caregiver bias may manifest itself and how to avoid illegal discrimination per new EEOC guidance. More >

EEOC Updates Guidance on COVID-19 and ADA

Throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has issued updates providing guidance for employers in response to new developments and information. This week, the EEOC has issued a new technical assistance update, clarifying the circumstances under which the Americans with Disabilities Act (ADA) and Rehabilitation Act may be applied to COVID-19. More >

WEBINAR - Scary Stories from the HR Department, Chapter 4: Little Shot of Horrors

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Vaccine Mandate Mythbusting: Debunking 5 Common Misconceptions for Employers

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

With the rise of COVID-19 variants and the return to in-office work, more employers are making the decision to require their employees to be vaccinated against COVID-19. However, a number of pervasive myths about vaccine mandates have fueled employee backlash and made many employers hesitant to enact such policies. Employers should be aware of these myths for what they are and understand the facts behind them. More >