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When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Employers Struggle With Election Politics Spillover Into Workplace

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

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Business Groups Request Clarity From EEOC on Vaccine Incentives

On February 1, a group of organizations representing national employers, including the U.S. Chamber of Commerce, sent a letter to the Equal Employment Opportunity Commission requesting that it “quickly issue guidance...more

Court Dismisses Claims Against Whole Foods for Ban Impacting Black Lives Matter Masks

On February 5, a federal court in Massachusetts entered an order dismissing Title VII claims brought against Whole Foods by a number of employees who were disciplined for wearing masks or other items supportive of the Black...more

Tips for Employers as COVID-19 Cases Rise and the Holidays Approach

The current surge of COVID-19 across the U.S., pandemic fatigue, and the upcoming holidays are putting employers in a difficult position. Some are already receiving complaints about workers not wearing masks nor taking other...more

Political Speech in the Workplace: 2020 Refresher

As we near Election Day, employers are again faced with the thorny challenges posed by political expression at work. When adopting policies to address political speech in the workplace, employers must be mindful of a...more

Internet Job Postings Pose Legal Perils for Employers

Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify...more

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