The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from testing applicants or employees for current illegal drug use or making employment decisions based on verifiable results. However, the ADA would protect an employee with a disability who fails a drug…
A 30-plus-year employee found out the hard way that missing a deadline — by just 24 hours — to arbitrate her claim against her former employer under the Age Discrimination in Employment Act is enough to lose it forever when her brief delay violates the plain terms of an arbitration…
If you’ve got an HR-compliance sweet tooth, here is your FMLA nerd candy. Your favorite employment law, the Family and Medical Leave Act, entitles eligible employees of covered employers to take may take up to 12 workweeks of job-protected, unpaid leave in a 12-month period for various qualifying reasons. Employees…
Yesterday, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memo claiming that the “proffer, maintenance, and enforcement non-compete provisions in employment contracts and severance agreements violate the National Labor Relations Act except in limited circumstances.” Other labor and employment lawyers may forebode the end for most non-competes. Me?…
Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees based on religion. As the EEOC points out, “the law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious,…
This will all make sense in a minute if you keep reading. The plaintiff is dealt a tough hand. As the Eleventh Circuit Court of Appeals put it in this decision I read last night, the plaintiff was “dealt a tough hand.” In less than a month, her father fell…
Have you ever heard of quid pro quo sexual harassment? The U.S. Equal Employment Opportunity Commission says it occurs where employment opportunities or benefits are granted because of an individual’s submission to the employer’s sexual advances or requests for sexual favors. In those situations, the employer may be liable for unlawful…
If, like me, you deal with HR compliance and employment law issues regularly, you’ve yelled the title of this blog post at others. (And if you don’t deal with HR compliance and employment law issues regularly, dude, WTH are you doing here?) I thought of this last night as I…
For over a decade, federal law has required most employers to provide a nursing mother with reasonable break time to express breast milk after the birth of her child for up to one year after childbirth. Last December, the PUMP for Nursing Mothers Act became law. The PUMP Act provides…
Yesterday, the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” which is focused on preventing discrimination against job seekers and workers. EEOC Chair Charlotte…