The EEOC promises to secure greater equitable relief, to better investigate systematic discrimination, and to improve its customer service over the next four years, among other New Year’s resolutions. In its draft EEOC Strategic Plan 2022-2026 (released November 4, 2022), the agency sets forth 3 overarching goals and 15 identified performance measures for the purpose … Continue Reading
Employers who have made use of pre-dispute nondisclosure and nondisparagement agreements will now have to change those practices and reevaluate their existing agreements thanks to the “Speak Out Act” (the “Act”) – a bipartisan piece of legislation born out of the #MeToo movement. The Act, which President Biden recently signed into law, is poised to … Continue Reading
A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities. The decision concerned whether a state could invoke sovereign immunity, a legal doctrine which prohibits a government from being sued without its consent, to avoid liability under the Uniformed … Continue Reading
Just as employers have figured out how to navigate the COVID-19 virus, the next one is poised to take hold – the monkeypox virus. Now declared a global and national public health emergency by the World Health Organization and the U.S., the monkeypox virus continues to spread with almost 10,000 cases in the U.S. and … Continue Reading
We have all seen it. The unruly lap dog brought into a restaurant, yipping away, or the big dog running through a store dragging along its owner who, of course, claims it is a “service animal,” even though it clearly is not. Many individuals need and have legitimate service animals, while others need and have … Continue Reading
With many economic experts predicting that the U.S. will enter a recession in the near future, employers are preparing for the possibility of significant layoffs. Before making cuts, companies – especially those with remote workers – should be aware of the potential pitfalls and legal ramifications of layoffs, and be prepared to adjust the timing … Continue Reading
Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain discrimination claims.… Continue Reading
Firing an employee can be much like breaking up with a significant other– stressful, messy, and awkward. No one wants to be the “bad guy,” and oftentimes it feels kinder to sugarcoat the facts rather than telling an employee the real reason for termination. But those good intentions may land employers in hot water.… Continue Reading
Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring every employee returning from an extended leave to undergo a fitness-for-duty exam violated the Americans with Disabilities Act (ADA).… Continue Reading
Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of the public eye, through mandatory arbitration. New legislation passed this month by the U.S. House and Senate, pending President Biden’s … Continue Reading
If you thought workplace romances vanished with the COVID-19 pandemic, think again. According to a recent survey by the Society for Human Resource Management (SHRM), one-third of 550 U.S. workers said they are or have been romantically involved with a colleague in 2022. That represents an increase over 2020, when 27% of workers acknowledged a … Continue Reading
Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a safe workplace with the duty to try to accommodate employees who refuse even to be tested? And can they avoid some of the … Continue Reading
Even though the COVID-19 pandemic and its impact on the workplace has dominated the headlines recently, employers should be careful not to delay investigating non-pandemic-related complaints—particularly those of harassment. Failing to promptly investigate and correct harassing behavior can be costly. Based on a recent federal appellate court ruling, a month between complaint and action may … Continue Reading
Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas employers of all sizes to be liable for sexual harassment. The second extends the statute of limitations for sexual … Continue Reading
An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy, public health department, or other health care provider in the community, according to new guidance issued by the EEOC on May 28, 2021.… Continue Reading
With the COVID-19 landscape in New York changing rapidly, employers may be understandably confused about what rules to abide by when it comes to things like masks, social distancing, and safety protocols. Significant changes may be on the horizon, but employers should not pull the trigger on any sweeping changes to their policies just yet. … Continue Reading
With the CDC’s May 13 announcement lifting the mask mandate for fully vaccinated individuals in most non-healthcare settings, many Americans are excited at the thought of a return to normalcy. However, employers should consider these questions before lifting their own mask requirements for workers who are fully vaccinated.… Continue Reading
With COVID-19 vaccines now available to every adult in the United States, employers are starting to see a light at the end of the tunnel after a year of uncertainty. But for employers whose workforces spent a year away from the office, a safe return to normalcy presents new legal, practical, and ethical questions.… Continue Reading
This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy, public health department, or other health care provider in the community, according to new guidance issued by the EEOC … Continue Reading
Pay equity will be a focus of the Biden Administration, as was made clear in the White House Proclamation on Equal Pay Day last week. But states are not waiting on the federal government to act; several are moving forward with pay transparency and equity laws. California is the first state to enact its own … Continue Reading
Employers have new obligations and employees have new rights under the EEOC’s newly finalized revisions to the agency’s Compliance Manual Section on Religious Discrimination. The Compliance Manual does not have the force of law, but sets forth how the EEOC analyzes claims under the law, and provides useful guidance to employers. Although a large portion … Continue Reading
It comes as no surprise that employee claims against employers are on the rise. In the early months of the COVID-19 pandemic, there was a drastic decline in newly filed employment-related lawsuits. The decline was likely the result of shelter-in-place orders and other restrictions on working in the workplace. However, the months of November 2020 … Continue Reading
A few recent cases may have savvy employers rethinking their military leave policies and choosing to pay employees on short-term military leave to the same extent they voluntarily pay employees benefits for other leaves of absence, such as jury duty, bereavement, and sick leave.… Continue Reading
Employers may require employees in the workplace to get a COVID-19 vaccine, according to newly issued guidelines from the EEOC. But employers may not necessarily terminate an employee who refuses. While the vaccine may still be months away for most Americans, employers should prepare now for the issues that will arise, including those relating to … Continue Reading
