Many employers rely on hiring assessments to gauge fit. But what if those tools are viewed as unlawful lie detector tests? A recent Massachusetts ruling should give you pause before you rely on a “workstyle” assessment. Continue reading
Yesterday, the Department of Labor announced a new proposal on independent contractor classification. If finalized, the proposal would once again reshape how employers evaluate whether a worker is an employee or an independent contractor under federal law. Continue reading
A federal court recently rejected an attempt to force a litigant to turn over information about her use of ChatGPT in a pending employment lawsuit.
Yes. Information about her AI use.
In a civil case, one side moved to compel “all documents and information concerning [the plaintiff’s] use of third-party AI tools in connection with this lawsuit.” The court said no. Continue reading
A single slur can sink an employer. It can also survive summary judgment. Two recent federal decisions show why context — especially who said it and how — still controls. Continue reading
At the British Academy Film Awards – better known as the BAFTAs, the U.K.’s version of the Oscars – a man with Tourette’s Syndrome interrupted the ceremony while actors Michael B. Jordan and Delroy Lindo were presenting an award, shouting a racial slur.
That public moment raises a workplace question: If an employee with Tourette’s involuntarily uses the N-word around Black colleagues or the B-word around women, does the Americans with Disabilities Act (ADA) require the employer to keep him in his job? Continue reading
Two arguments show up in almost every termination lawsuit: that the employer’s reason changed, and that it didn’t follow its own policy. The Eleventh Circuit recently explained why neither argument, without more, is enough to get a case to a jury. Continue reading
Under basic contract law, yes. But thanks to the Ending Forced Arbitration Act, that may not be the end of the story. Continue reading
Not every workplace conflict that creates turbulence makes it to a jury. This one didn’t. The employer’s investigation held up under the honest-belief doctrine. Continue reading
A recent Southern District of New York decision is being described as “AI destroys privilege.”
That’s not what the court held. But employers using consumer AI tools in connection with employment decisions should pay attention. Continue reading
Remote work policies are tightening. But the Americans with Disabilities Act did not disappear when companies decided the office feels collaborative again.
Last week, the U.S. Equal Employment Opportunity Commission issued federal-sector guidance on telework accommodations for employees with disabilities. Although written for federal agencies under the Rehabilitation Act, that statute incorporates ADA standards. So if you are a private employer navigating return-to-office mandates, this guidance is directly relevant. Continue reading
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