When considering accommodations requested by an employee due to a disability, employers sometimes fail to think through the long-term effects of such changes. In many cases, the accommodation request is permanent, meaning...more
We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more
With the election quickly approaching, we are already receiving questions from employers involving concerns over arguments and disruptions in the workplace resulting from political disagreements. We hoped that the contentious...more
Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more
In recent years, we have had a number of clients report suspected employee overdoses at their facilities. The growing availability and potency of fentanyl and other opiates has resulted in an epidemic of overdoses and deaths....more
When consulting with employers regarding employee accommodation requests under the Americans with Disabilities Act, we frequently hear concerns that granting a requested accommodation will likely result in coworkers making...more
Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more
5/17/2024
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Masks ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
After investigating allegations of sexual harassment and taking disciplinary action, we see a surprising number of claims from the accused harassers that they were actually the victims of alleged discriminatory behavior that...more
Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more
We have all faced situations where a manager, coworker, or client calls or emails seeking a response outside of normal work hours. While most of us view these interruptions as an unavoidable result of technological progress,...more
When reviewing requests for accommodation from sick or injured workers, employers often focus on whether the requested accommodation is reasonable or whether it imposes an undue hardship on the company. ...more
On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more
During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more
2/16/2024
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Litigation ,
Employment Policies ,
Essential Functions ,
Hiring & Firing ,
Reasonable Accommodation ,
Remote Working ,
Retaliation ,
Telecommuting
January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more
1/5/2024
/ Civil Rights Act ,
Colleges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Effective Date ,
Employment Policies ,
First Amendment ,
New Legislation ,
Private Sector ,
Quotas ,
Reverse Discrimination ,
Title VII ,
Universities
A recent New York Times article described growing use by employers of training repayment agreements, or TRAs. A TRA requires an employee to repay training expenses incurred by the employer if they quit before a certain period...more
Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more
12/1/2023
/ Appeals ,
Bias ,
Corporate Executives ,
Discipline ,
Dismissals ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
Free Speech ,
Off-Duty Employees ,
Podcasts ,
Racial Bias
Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more
The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more
9/1/2023
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Disciplinary Proceedings ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
PTSD ,
Retaliation ,
Termination ,
Wrongful Termination
In the wake of the Supreme Court’s Students for Fair Admissions college and university affirmative action decision last month, some employers are questioning the continuing legality of their Diversity, Equity, and Inclusion...more
7/20/2023
/ Affirmative Action ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hiring & Firing ,
Protected Class ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a qualified disabled person to perform the essential functions of their job. The question of what constitutes a reasonable...more
Given the wide availability of quality headphones, you may wonder why employers would still allow employees to play music at work that could annoy co-workers. A recent decision from the Ninth Circuit Court of Appeals reminds...more
Last week, the National Labor Relations Board’s (NLRB) game of legal tennis continued when it reversed another Trump-era decision involving when employers can take disciplinary action against employees who lose their cool...more
Employers may believe they are aware of potential areas of concern for discrimination or harassment among different groups of employees. Their concerns often focus on race discrimination claims or national origin claims from...more
4/21/2023
/ Bias ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Harassment ,
Human Resources Professionals ,
National Origin Discrimination ,
Racial Bias ,
Retaliation ,
Title VI ,
Title VII
Last year, the Equal Employment Opportunity Commission (EEOC) expressed its concern that the growing use of artificial intelligence (AI) in recruiting software could unintentionally discriminate against persons in a protected...more
When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more
3/17/2023
/ Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
First Amendment ,
Private Sector ,
Public Employers ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations