It seems that the Equal Employment Opportunity Commission (EEOC) is getting into the holiday spirit and addressing religious bias for the first time in twelve years. Last week, the EEOC proposed updated religious discrimination guidance for public comment. This guidance (clocking in at well over 100 pages) is in line with the agency’s goal to revamp its stance on religious … Continue Reading
Category Archives: Employment Discrimination Harassment & Retaliation
Subscribe to Employment Discrimination Harassment & Retaliation RSS FeedCalifornia Voters OK Independent Contractor Status for App Service Drivers
On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology platforms such as Lyft, Uber, Doordash, and Postmates. Proposition 22 essentially creates a new category of workers by allowing transportation technology companies to continue to treat drivers on their platforms … Continue Reading
New Obligations for Colorado Employers
Two new statutes affecting all employers operating in Colorado, the Equal Pay for Equal Work Act (EPEWA) and paid sick leave through Colorado’s Healthy Families and Workplaces Act, will add to the compliance burden of all employers operating in Colorado effective January 1, 2021.
The impact of each new law on employers is discussed below.… Continue Reading
Workplace Changes to Expect Under a Biden Administration: Part I
The networks have called the Presidential election for Joe Biden. Assuming those results are certified and President Trump’s legal challenges fail, what should employers expect under the new administration? In Part I of this two-part series, let’s explore what changes we might see in the workplace from the employment law perspective. In Part II, we will look at changes in … Continue Reading
California’s Sweeping Expansion of Employment Laws
California has enacted a host of new laws impacting family and medical leave, coronavirus reporting obligations, workers compensation, pay gap data, worker classifications, and more. Here are the highlights, including when employers must abide by the new laws.… Continue Reading
Can Employers Require that Employees Get the Flu Shot?
Flu season is upon us. Can employers require a flu shot? More importantly, should they?
The Centers for Disease Control and Prevention (CDC) emphasizes that getting a flu vaccine this year is “more important than ever during 2020-2021 to protect yourself and the people around you from flu, and to help reduce the strain on healthcare systems responding to the … Continue Reading
Traps for the Unwary: Responding When An Employee Quits
You may have been there: a valuable employee angered by some new development, announces “I quit!” and storms out, then shows up for work the next day as though nothing happened. Or a rapidly failing underperformer submits a written resignation, but it’s not effective until 60 days later. What’s an employer to do? Can/should an employer march them out the … Continue Reading
Common Sense Finally Prevails: Employers No Longer have to Tolerate Abusive and Offensive Conduct in the Workplace
Your employee has just cursed at you, calling you every racist and/or sexist name in the book. Naturally, that employee must go! Just as you are ready to sign off on the termination, a thought occurs to you: “Uh-oh. He was standing on a picket line when he called me those names. Am I still allowed to discipline him, or … Continue Reading
Summertime: Child Care and Child Labor News
Summer camp closures and extended school sessions present new challenges for both working parents and for companies employing teens. The Department of Labor has offered new guidance on both issues.… Continue Reading
The Black Lives Matter Movement and the Workplace
The Black Lives Matter movement, protesting racism, police brutality, and the deaths of George Floyd and other Black Americans, has not only been seen and heard in streets around the world; it has found a new voice in corporate boardrooms as well. The 8-minute, 46-second video of a police officer indifferently kneeling on the neck of Floyd, an unarmed Black … Continue Reading
Navigating the NLRA in the Pandemic and Post-Pandemic Workplace: What Both Union and Nonunion Employers Need to Know
As shelter in place restrictions ease and U.S. workplaces begin to reopen, both union and nonunion employers may find themselves facing a host of new challenges. Employers may wonder what they should be doing to keep their employees safe at work. They may wonder what kinds of medical tests they can perform on employees before allowing them into their facilities. … Continue Reading
It’s Official: Discrimination on Basis of Sexual Orientation/Transgender Status is Prohibited
Employers should take note that discrimination on the basis of sexual orientation or transgender status now clearly violates federal law. In a landmark decision issued on June 15th, in Bostock v. Clayton County, the Supreme Court held (6-3) that an employer who fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of … Continue Reading
Across the Digital Divide: Managing Remote Workers
The explosive growth of teleworking during the COVID-19 pandemic has re-shaped notions about how we work, presenting novel challenges for management. Re-opening business worksites brings new legal and operational challenges in continuing to effectively manage remote workers, while deciding whether, when, and which remote workers should return to the worksite. The new focus on teleworking requires consideration of a host … Continue Reading
Avoiding Potential Workplace Claims Arising from Reopening of Businesses
As employers contemplate or commence reopening, they should be cognizant of potential workplace claims which are likely to escalate in the COVID-19 era. Such claims can arise out of a wide range of situations, including: deciding which employees should be brought back to the worksite first, which should be allowed to continue to telework and where there isn’t sufficient work, … Continue Reading
Declaration of COVID-19 as a Pandemic Changes Rules for Employers
The World Health Organization (WHO) on March 11, 2020 finally acknowledged that the Coronavirus (COVID-19) outbreak is a pandemic. That designation changes the rules for employers.
The standard for justifying disability-related inquiries and medical examinations under the Americans with Disabilities Act (ADA) is now easier to meet, based on the Equal Employment Opportunity Commission’s (EEOC) Guidance for Pandemic Preparedness from … Continue Reading
Employers: Charting a Course in the Midst of Coronavirus
The global health crisis created by the explosion of Coronavirus cases is requiring employers to navigate uncharted waters. Circumstances are changing daily, and employers must be agile in responding. For now, here are some key tips:… Continue Reading
Federal Contractors To Be Limited On Criminal Background Checks
Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made.
The Fair Chance to Compete for Jobs Act of 2019 (Act) was discreetly tucked into the Defense Spending Bill approved on December 20, 2019. The … Continue Reading
Expanding Rights for Breastfeeding Mothers
On the heels of a new federal law requiring certain public federal buildings to provide lactation spaces, California has enacted one of the most expansive sets of protections for breastfeeding employees in the country. The California law which became effective January 1, 2020, includes provisions regarding break time, policy requirements, and specifications regarding the lactation room.… Continue Reading
Three More Employer Holiday Wishes Granted By National Labor Relations Board
The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are lawful; (2) employers can restrict employees’ use of emails for nonbusiness purposes; and (3) employers can stop deducting and remitting union dues after the expiration of a collective bargaining agreement.… Continue Reading
“Ok, Boomer” Not Okay in the Workplace
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 gained popularity among Millennials and Generation Z’ers as a way of dismissing comments or habits from older generations that they view as out of touch. The term was initially … Continue Reading
New York City Expands Independent Contractor Rights Amidst a Budding National Trend
Last month, New York City joined an emerging national trend toward increased protections for independent contractors and freelance workers, adopting a new law, Int. 136-A, extending to independent contractors and freelancers the protections afforded to employees under the city’s Human Rights Law (NYCHRL).
Effective January 11, 2020, the NYCHRL will apply to employers that employ four or more persons – … Continue Reading
Is it Time to Prioritize Making Websites and Mobile Apps Accessible?
Companies should take steps to ensure that their websites and mobile apps are accessible to persons who are blind or vision impaired, based on the Supreme Court’s recent refusal to review an appellate court decision that allowed a blind man to sue a national pizza chain under the Americans with Disabilities Act.… Continue Reading
Halloween Parties Can Leave Employers “Haunted” By Discrimination
The last week of October can result in “double, double toil, and trouble” for employers. While workplace Halloween festivities may boost employee morale, they can also result in employer liability for discrimination and harassment in the workplace in violation of Title VII of the Civil Rights Act of 1964 and applicable state and local laws. To protect against this potential … Continue Reading
Does the ADA Protect Employees from Discrimination Based on Potential Future Disabilities?
The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida, Georgia, and Alabama. However, employers in other parts of the country should be more cautious. For example, federal courts in Illinois reached the opposite conclusion holding that … Continue Reading
