Title VII claims alleging employment discrimination are analyzed under the McDonnell Douglas framework which requires that the employee first show that they are a member of a protected class (race, color, religion, sex,...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finalized its harassment guidelines addressing workplace misconduct. The new guidelines, which supersede the EEOC’s 1990s publications, address the #MeToo...more
On April 23 the Federal Trade Commission (FTC) announced a comprehensive ban on noncompete agreements for all U.S. workers. If permitted to go into effect, the rule will have a profound impact on how U.S. businesses hire,...more
The Equal Employment Opportunity Commission (EEOC) has submitted its final Pregnant Workers Fairness Act (PWFA) which will take effect June 19, 2024. The final rule includes the EEOC’s stance that applicable conditions...more
Key Takeaway: Employers can increase protection against § 1981 lawsuits by including a statute of limitations provision in their employment application. The Fifth Circuit recently remitted a jury award in favor of the...more
The U.S. Equal Employment Opportunity Commission (EEOC) released draft enforcement guidance for workplace harassment on September 30, 2023. The public will be able to view and comment on the guidance until November 1, 2023....more
On August 16, 2023, the Pennsylvania Human Relations Commission (PHRC)’s new regulations went into effect. The Pennsylvania Human Relations Act (PHRA), the state law prohibiting discrimination, expanded the definitions for...more
Employers take note: a new law creates a request for accommodation framework for employees with known limitations due to pregnancy, childbirth or related conditions that is similar to the Americans with Disabilities Act...more
In its new decision regarding The Atlantic Opera, Inc., the National Labor Relations Board (NLRB) has overturned its 2019 SuperShuttle decision, which set a standard for determining independent contractor status under the...more
On May 30, 2023, the Department of Labor (DOL) released an opinion letter clarifying how holidays impact FMLA. Whether the holiday time counts against FMLA depends on two factors:
1.Whether the employee took a partial week...more