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Skipping the Interactive Process? Meet the Courtroom.
A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations. Continue reading
A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations. Continue reading
Earlier this week, I searched for LGBTQ+ resources on the U.S. Equal Employment Opportunity Commission (EEOC) website. On Google, I found a page titled “Moving Towards Equality in the Workplace for LGBTQI+ Employees.” But when I clicked the link, I got an error message: “The requested page could not be found.” The same thing happened with several other links.
Now I know why. Continue reading
According to multiple reports, including NPR and Reuters, President Trump has taken decisive action to reshape key federal labor and employment agencies, removing several high-profile officials. Among those dismissed are National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride—moves that, while significant, were widely expected.
But President Trump hasn’t stopped there.
Last night, I came across a court decision that raised some eyebrows. The case involved a black employee who alleged that his white supervisor used racial slurs, including the n-word, and that the same slur was found written on a bathroom wall. He reported harassment and felt that his concerns were ignored. So, the employee claimed a hostile work environment.
You’d think the employee might win, right? But the court sided with the employer. Continue reading
Suppose an employer learns that an employee who claimed a serious health condition under the Family and Medical Leave Act (FMLA) faked his injury to take time off for personal business. What steps can the employer take without violating the FMLA? Continue reading
In a recent decision, the First Circuit Court of Appeals reversed a lower court’s dismissal of a religious discrimination claim. The case involved an employee terminated for refusing a COVID-19 vaccination due to her religious beliefs.
Yes, I get it—COVID-19 cases may feel like old news. But stick with me because this decision carries a vital lesson: Employers should focus on accommodating employees’ beliefs rather than questioning their sincerity.
ICYMI, President Trump has issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order aims to eliminate illegal discrimination and preferences based on race and sex in federal policies and practices, with significant implications for private businesses. Here’s what human resources professionals, employment lawyers, and business owners need to know about it: Continue reading
Yesterday, President Trump appointed Andrea Lucas as the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), signaling notable changes for the agency tasked with enforcing federal anti-discrimination laws in the workplace. Lucas brings a clear set of priorities to address workplace discrimination. Here’s what HR professionals, employment lawyers, and business owners should know about them
1. Rights of Individuals > Group Outcomes
Lucas advocates for balanced enforcement of employment civil rights laws. She believes the EEOC’s role is to protect the rights of individuals, not to measure justice by group outcomes. This approach emphasizes that civil rights laws should be applied equally to everyone, regardless of their background. “I intend to dispel the notion that only the ‘right sort of’ charging party is welcome through our doors,” said Lucas.
Navigating the maze of wage laws can sometimes feel like playing a high-stakes game of “gotcha,” especially for restaurant operators. A recent opinion letter from the Department of Labor (DOL) clarifies when managers and supervisors can participate in tip pools if they perform the same duties and responsibilities as other typically tipped employees.
TLDR: never.
Last week, the Supreme Court clarified employers can show how certain employees don’t need to be paid overtime or minimum wage under the Fair Labor Standards Act (FLSA)
Spoiler alert: it’s not as tough as some courts thought. Continue reading