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Judge Partially Blocks EEOC's Rule Requiring Accommodations for Workers' Abortions

The Equal Employment Opportunity Commission's (EEOC) new regulations implementing the Pregnant Workers' Fairness Act (PWFA) went into effect earlier this week, but not for everyone. For a few employers, a Louisiana-based...more

Dept. of Education Expands Title IX Protections, Preserves Religious Exemption in Updated Regulations

On April 19, 2024, the U.S. Department of Education (ED) issued its long-awaited “final rule” broadening and clarifying the scope of Title IX, a federal statute that prohibits sex discrimination in education programs...more

EEOC Adopts Broad Rule Requiring Workplace Accommodations for Pregnancy-Related Conditions—Including Abortion

On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) published its final rule adopting an expansive view of what counts as a pregnancy-related condition that triggers employer accommodation obligations under...more

Don't Count on Religious Freedom Arguments to Overturn Religious Worker Visa Denials

Churches and other religious organizations can file petitions to sponsor foreign workers for religious worker (R-1) status in the United States—a status that can last up to five years. However, poor planning and well-meaning...more

DOL Officially Returns to Stricter Independent Contractor Rule Under Fair Labor Standards Act

“Employee means any individual employed by an employer.” That’s not some sixth grader’s attempt to mask their failure to study for a vocab quiz: It’s what Congress gifted us with 85 years ago in the Fair Labor Standards Act...more

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law....more

Labor Dept Floats $20,000 Increase to Salary Threshold for Overtime Exemption

In a much-anticipated proposed rule, the U.S. Department of Labor announced its intention to raise the minimum salary for workers to be exempt from overtime pay under the Fair Labor Standards Act....more

Appeals Courts Divide Over Application of LGBTQ+ Nondiscrimination Law to Religious Businesses

A federal court of appeals ruled last week that religious businesses may be partially exempt from Title VII — a statute that prohibits workplace discrimination because of sexual orientation, gender identity, and other...more

Failure to Tie Request for Service Dog to Job Functions Dooms ADA Claim

A recent court decision confirms the complexity of evaluating employee accommodation requests involving service dogs under the Americans with Disabilities Act (ADA). A military veteran who experienced horrific suffering while...more

Department of Labor Rolls Back Protections for Religious Federal Contractors

The U.S. Department of Labor (DOL) has officially rescinded a controversial 2020 rule that expanded religious exemptions under Executive Order No. 11246 for certain federal government contractors. Although the change may have...more

Supreme Court Poised to Increase Obligations for Accommodating Workers’ Religion

Earlier this month, the U.S. Supreme Court agreed to revisit the threshold for accommodating workers’ religious beliefs or practices that clash with workplace requirements. The current standard doesn’t require employers to...more

Independent Investigations and Decision-making Can Protect Employers from Liability

In one of Aesop’s fables, a monkey dupes a cat into pulling roasted chestnuts from a hot fire, promising the cat a share of the bounty. The flattered cat complies — burns its paw in the process — only to watch the monkey...more

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a...more

Court Blocks EEOC Guidance on Transgender Bathroom and Pronoun Policies

Last summer, the Equal Employment Opportunity Commission (EEOC) issued guidance for employers addressing — among other things — bathroom use and pronouns for transgender workers. A federal court has now blocked the EEOC from...more

Wanna Get to Court? Now You Can: Supreme Court Refuses to Compel Arbitration for Airline Baggage Loaders

In a unanimous decision issued Monday, the Supreme Court refused to reroute an airline cargo loader’s underpayment claims to private arbitration. The case, Southwest Airlines v. Saxon, No. 21-309 (June 6, 2022), is a rare...more

Job Reassignment with Reduced Hours and Pay: “Punishment” or “Reasonable Accommodation”?

It’s been said that one person’s trash is another person’s treasure. A similar principle applies in employment law, where managers and workers sometimes develop contradictory perceptions about employment decisions. What a...more

Significant Signals Disguised as Minor Clarifications? EEOC’s Updated Guidance on COVID-19 and Religious Accommodations Provides...

By now, many employers have received requests for religious accommodations from COVID-19 policies—primarily vaccination policies. The Equal Employment Opportunity Commission’s (“EEOC”) guidance thus far, as reported through...more

[Webinar] Employment Law: It’s Time for Your State-Law Checkup - January 28th, 9:00 am - 10:00 am MST

Join us for a review of important state-level legal changes and trends affecting employers, including a look back at recent developments you may have missed....more

Don’t Go Down with the Ship: Sham Review Process Sinks Navy’s Religious Exemption Policy

In one of the more notorious challenges to COVID-19 vaccine mandates, a group of Navy Special Warfare servicemembers filed suit after the Navy denied their requests for religious accommodations. Last week, a federal court...more

Court Blocks Federal Vaccine Mandate for Health Care Workers

A district court has halted the federal vaccine mandate applicable to millions of workers in Medicare- and Medicaid-certified health care facilities, preventing the mandate from going into effect in ten states. The...more

Political Dissent or Personal Preference Not a Basis for Religious Exemption from Vaccine Mandates

On October 25, 2021, the EEOC updated—again—its COVID-related “What You Should Know” technical assistance webpage. (See post regarding previous revisions.) This time, the EEOC added a handful of Q&As regarding religious...more

COVID-19 Vaccine Mandates: Can Employers Deny Religious Exemptions Because Employees’ Religious Leaders Support Vaccination?

In the days since Pope Francis issued a statement urging people to get vaccinated against COVID-19 as “an act of love,” numerous Catholic dioceses in the United States have announced they won’t issue letters supporting...more

Ministerial Exception Covers Catholic School Guidance Counselor

In Starkey v. Roman Catholic Archdiocese of Indianapolis, No. 1:19-cv-03153 (S.D. Ind. August 11, 2021), a federal court rejected a Catholic school guidance counselor’s employment discrimination suit, ruling her claims were...more

Seventh Circuit Expands Ministerial Exception To Hostile Work Environment Claims

Sitting en banc, the Seventh Circuit in Demkovich v. St. Andrew the Apostle Parish, No. 19-2142 (July 9, 2021), held that the so-called “ministerial exception” bars hostile work environment claims alleging...more

EEOC Issues Guidance Addressing Transgender Bathroom And Pronoun Policies

The EEOC marked the one-year anniversary of Bostock v. Clayton County—the landmark Supreme Court decision holding that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis of sexual...more

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