Yesterday, we talked about how workplace accommodations that enable an employee to remain at work (and get paid) are generally better than ones that require time off, like an unpaid leave of absence. But sometimes, there’s only one option. Consider this recent Fourth Circuit decision. The plaintiff drove a big…
I’ve practiced law for over twenty years, mainly as an employment lawyer. In that time, I’ve lost track of the number of times that I’ve counseled employers on their obligations under the Americans with Disabilities Act. Some of those have involved accommodating employees with end-stage renal disease and adjusting work…
Tomorrow, I’ll be presenting “Weeding through the Haze: State and Federal Marijuana Laws and Implications” at the U.S. Equal Employment Opportunity Commission’s 2023 EXCEL Training Conference in Washington, DC. Between now and then, I’ll need to update my slide deck. That’s because, last week, Congressman Jamie Raskin (MD-08) and Congresswoman…
In February 2023, the State of New Jersey enacted a law that a federal judge described as “novel and landmark legislation aimed at protecting a ‘particularly vulnerable’ workforce from abusive labor practices.” It’s called the Temporary Workers’ Bill of Rights. The judge described the Act as “impos[ing] a variety of…
Yesterday, the U.S. Equal Employment Opportunity Commission released a new technical assistance document called “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” Sure, you could read all 59 pages of it. Or I can digest it here for you in a few hundred words—your choice. (Thanks…
Last night, I read a New Jersey federal court opinion involving a woman who lived and worked remotely in New Hampshire for a company in New Jersey. She sued under New Jersey law, alleging she received less pay than certain male co-workers. The defendants moved to dismiss the action because…
We began July with New York City starting to enforce its law that requires companies hiring with artificial intelligence to notify candidates, provide candidates with particular information about data collected and analyzed, and independently audit the technology. It’s all in the name of removing bias from the hiring process, which…
TL;DR: They don’t. Here’s a longer explanation. There comes a time in most discrimination lawsuits when a defendant-employer will file a motion for summary judgment. By filing that motion, the movant is telling the court that there are no material facts in dispute and, if the court applies the well-settled…
When most people think of federal anti-discrimination laws like Title VII of the Civil Rights Act of 1964, they associate them with employees suing employers for things like discrimination, retaliation, and hostile work environments. But Title VII covers more than just employers. For example, Title VII outlaws any employment practice…
I was going to title this one: “Sorry, I’m pretty sure that’s not how diversity, equity, and inclusion works.” It’ll make sense in a second. Back in 2017, the U.S. Equal Employment Opportunity Commission caught wind that a senior vice president for human resources and diversity for a major pharmaceutical…