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Five areas of employment law (at least) may be affected by Trump's second act.

The times, they are a'changin'. Wasn't it nice of me to give you a week and a half off to recover from the election? I hope everyone is safe and strong again, and ready to talk about what employers can expect from President...more

Don't want an EEOC pregnancy lawsuit? Then DON'T do these 4 things.

Stuff's getting real. As many of you know, the U.S. Equal Employment Opportunity Commission is starting to sue employers who it claims are not complying with the reasonable accommodation requirements of the Pregnant Workers...more

Don't use AI to get around the ADA!

Warning -- I'm about to go on a rant. Do you ever read something in the news that just makes you go, "Sheesh, people!!!" Or words to that effect? And, no, I am not talking about the Presidential Election. The Wall Street...more

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Hiring discrimination claims: 5 ways to stay out of hot water

Learn from a real employer's mistakes. Imagine this scenario: You are advertising for an open position. You get three applicants: •Applicant 1 meets or exceeds all of your requirements. •Applicant 2 fails to meet your...more

Texas challenge to EEOC harassment guidance ends -- for now.

It's not over. I previously reported that a number of states have challenged the new Enforcement Guidance on workplace harassment issued by the U.S. Equal Employment Opportunity Commission, based on the position that the...more

Pregnancy regs take effect, results of court challenges are mixed

The legal challenges relate to "abortion accommodation." Not long ago, I blogged about two legal challenges to the regulations interpreting the Pregnant Workers Fairness Act. In one case, 14 state attorneys general filed...more

EEOC lowers the boom on EEO-1s

Employers who (allegedly) didn't file are being sued. The Equal Employment Opportunity Commission announced on Wednesday that it has filed suit against 15 employers in 11 states and in a variety of industries for failing to...more

Challenges to EEOC regs keep on coming

Pregnancy regs, harassment guidance under fire. Not long ago, I reported that a number of state attorneys general had filed suit seeking to block the final regulations interpreting the Pregnant Workers Fairness Act. Their...more

Mother's Day "pregnancy" quiz!

A lot has changed since Mother's Day 2023. Happy Mother's Day weekend, all, including you dads and kids (we couldn't have done it without you)! How much do you know about pregnancy in the workplace in 2023? Take our quiz...more

EEOC Guidance on workplace harassment: What employers need to know

Last fall, I reported on a proposed Enforcement Guidance issued by the Equal Employment Opportunity Commission on workplace harassment. I gave the proposed guidance a good review overall, although I had some disagreements...more

Everything you wanted to know about Pregnant Workers Fairness Act*

*And are sorry you asked. Last Friday, the Equal Employment Opportunity Commission published its final regulations on the Pregnant Workers Fairness Act. The regulations will take effect on June 18, just under a year since...more

Is the Pregnant Workers Fairness Act an invalid law?

At least one judge thinks so. A federal judge in Lubbock, Texas, has permanently enjoined the federal government from enforcing the Pregnant Workers Fairness Act against the State of Texas and its agencies and divisions....more

Woo-hoo! 2023 EEO-1 data collection will start April 30!

The U.S. Equal Employment Opportunity Commission will begin accepting employers’ 2023 Component 1 EEO-1 data starting Tuesday, April 30. The last day to file the data is June 4. The EEOC anticipates that its Component 1...more

When employers are sorry

The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more

Preferred pronouns and the aging workforce

What takes priority? There was a social media storm this week after a large non-profit organization terminated a volunteer after the volunteer questioned the point of having preferred pronouns in signature blocks. The woman...more

Va. Supreme Court lets teacher's "pronoun" lawsuit go forward

The teacher had a religious objection. The Virginia Supreme Court yesterday found in favor of a West Point public school teacher whose employment was terminated because he would not address a transgender student by the...more

5 things that could get you accused of sex harassment

Even if you didn't do it. The recent proposed Enforcement Guidance on Harassment in the Workplace published by the U.S. Equal Employment Opportunity Commission has some good recommendations for harassment training topics....more

What's in that new EEOC guidance on workplace harassment?

It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

EEOC issues proposed regs on Pregnant Workers Fairness Act

As most of you know, the Pregnant Workers Fairness Act took effect on June 27, but employers had virtually no guidance regarding how to comply. The PWFA requires employers with 15 or more employees to make reasonable...more

As expected, SCOTUS makes it tougher for employers to refuse religious accommodations

After last week’s Supreme Court decision in Groff v. DeJoy, employers should prepare to seriously entertain, and grant, more employee requests for religious accommodation. Gerald Groff, an Evangelical Christian postal...more

Rule 1 in beating an age claim: Get your story straight.

Inconsistencies were fatal to this employer. It's a well-established principle in discrimination law that an employer can be done in by "shifting explanations" for actions taken against an applicant or employee. A recent...more

EEOC updates COVID-19 guidance

Nothing you wouldn't already have figured out. This is not the most exciting employment law news, but the Equal Employment Opportunity Commission has issued some updates to its technical assistance on COVID-19. According to...more

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