In this Friday post, I shared some technical guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice to help employers navigate the Americans with Disabilities Act when using software, algorithms, and artificial intelligence to assess job applicants and employees. But employers using hiring software can discriminate in other…
More employers now are using software, algorithms, and artificial intelligence to make smarter hiring decisions. There’s nothing inherently unlawful about that. Except, consider this. Maybe the algorithm intentionally or unintentionally “screens out” an individual with a disability, even though that individual can do the job with a reasonable accommodation. Tangentially, an…
His claims were so old that they predate the Americans with Disabilities Act of 1990. Let’s see how his ADA lawsuit turned out. (Spoiler alert: Not well). I’d been meaning to blog about this Sixth Circuit decision for a while. Here are the relevant facts: In 1980, the plaintiff suffered…
Yesterday, a tech company announced that a Virginia jury had awarded it the biggest damages award in state court history. It was an employment case. Hopefully, I have your attention. According to the plaintiff’s press release, the jury heard evidence that the defendant hired an employee of a government contractor to…
Have you ever watched The Dropout on Hulu? It’s about the rise and fall of Elizabeth Holmes and her company, Theranos, which sounds a lot like Thanos. Sadly, the Hulu show has nothing to do with the Marvel Universe or The Avengers, both of which are right in my wheelhouse.…
Probably not. My Google Alerts were blowing up this weekend with reports of the story: Florida teacher allegedly fired after discussing sexuality with students Florida Teacher Fired for Discussing Sexual Orientation Sparks Debate Teacher Says She Was Fired After Talking to Students About Sexuality Most of the reports I read…
Usually, when you reach the intersection of exotic dancers and employment law, you find Fair Labor Standards Act lawsuits, like this one, about misclassifying dancers as independent contractors. But this situation. This one is different. Very different. According to Otillia Steadman, writing here for Buzzfeed News, a group of strippers…
Don’t worry. I can get you past the bouncers. The Department of Labor Wage and Hour Division (WHD) previously announced that it is reviewing the minimum wage and overtime rules — specifically, as they relate to exemptions that employers take for bona fide executive, administrative, and professional (EAP) employees under…
I’ll take “blog post titles that I never thought I’d be using in 2022 ever” for $500. On this blog, I’ve often said that employees may have freedom of speech on social media. But their actions can have consequences at work because there is no corresponding constitutional right to a…
Whether a six-figure supervisor is exempt from the Fair Labor Standards Act overtime rules is probably not something that’s kept you up at night — unless you pay your employees a lot of money without paying them a salary (e.g., day rates). Or you’re just an FLSA nerd like me.…