After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Typically, when administrations change, so does the makeup of the federal administrative…
I’ll go ahead and file this one under “duh.” If an employer inquires about an employee’s medical condition, the Americans with Disabilities Act mandates that it be job-related or consistent with business necessity. Even then, an employer must treat any medical information obtained from a disability-related inquiry or medical examination,…
An employer’s statements about a successful job candidate’s “minority status, the American Dream, and the value of diversity” were not enough to show that it discriminated against an unsuccessful white candidate, ruled a New Jersey federal court recently. The case involved two police officers who were interviewing to become the…
The Americans with Disabilities Act prohibits discrimination against “qualified individuals with disabilities.” A qualified individual can perform the essential functions of their job with or without accommodation. While not the be-all-and-end-all, an employer’s business judgment about what job functions are essential carries substantial weight under the ADA. Still, courts often…
Let’s see what Tracy Morgan thinks. Recently, a federal appellate court concluded that a manager can cause an employer to violate the Family and Medical Leave Act merely by deterring an employee from enjoying benefits under the FMLA without actually causing the company to deny the employee’s request for those…
It may be as easy as listing the essential functions of the job. I’ll give you an example. A national furniture retailer hired a Warehouse Associate to unload and receive inbound furniture orders. One would assume that the job requires moving heavy objects often. But you know what you get…
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days. The EEOC has some advice for employers: Because the definition of religion is broad and protects beliefs, observances, and practices with which the employer may be unfamiliar, the…
A bill introduced this week in the NY City Council would require employers to provide employees paid sick leave for pet care. Council members Shaun Abreu, Tiffany Cabán, Shahana K. Hanif, and Farah N. Louis have sponsored a measure to amend the Earned Safe and Sick Time Act to include the…
A recent Eleventh Circuit decision serves as a sobering reminder to employers why a plausible claim — a mere inference of bias – is all it takes for a plaintiff to pursue discrimination claims. The plaintiff is a white guy in his late 50s. In a complaint he filed in…
Last year, the EEOC published a resource to help employers avoid bias claims from using artificial intelligence. Earlier this month, the U.S. Department of Labor released its AI Principles and Best Practices guidance for employers and developers. Now indulge me as I quote liberally from the DOL press release: The Department’s…