News & Analysis as of

Employment Policies Employees Title VII

Perkins Coie

June Tip of the Month: Updated EEOC Guidance Enhances Gender Identity and Sexual Orientation Protections

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...more

Perkins Coie

EEOC’s Final Rule Regarding Pregnant Workers Fairness Act

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On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, scheduled to take effect on June 18, 2024. The Final Rule largely leaves in place the...more

Seyfarth Shaw LLP

EEOC Weighs in on Alleged Conflict Between Religious Beliefs and Civil Rights Training

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In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace...more

Faegre Drinker Biddle & Reath LLP

Menopause in the Workplace: A Multi-Faceted Issue

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more

Arnall Golden Gregory LLP

EEOC Releases Proposed Enforcement Guidance on Workplace Harassment

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released its proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”). The Proposed Guidance “is...more

Gray Reed

Appeals Court Opens Door to More Discrimination Claims

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On August 18, 2023, the Fifth Circuit Court of Appeals, which holds jurisdiction over Texas, Louisiana and Mississippi, abandoned a decades-old interpretation that discrimination must be related to an “ultimate employment...more

Sheppard Mullin Richter & Hampton LLP

Pregnant Employees More Protected Than Ever as the PWFA Goes into Effect and the EEOC Releases Resources, Guidance, and Proposed...

The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, went into effect on June 27, 2023. The EEOC has started to accept PWFA charges and has issued guidance and resources to help employers...more

Butler Snow LLP

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

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On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Spilman Thomas & Battle, PLLC

Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools

On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) went into effect. This new law requires covered employers to provide “reasonable accommodations” for the known limitations of a worker relating to pregnancy,...more

Butler Snow LLP

Employers Need to Prepare for New Religious Accommodation Requests

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Religious accommodation historically - Employers are quite familiar with the concept of “accommodation;” however, for the last 46 years they have not had to spend much time or effort dealing with an employee’s request to...more

Seyfarth Shaw LLP

Don’t Play That Funky Music — The Music Might Be Harassing

Seyfarth Shaw LLP on

Seyfarth Synopsis: A Ninth Circuit opinion has held that music with sexually derogatory and violent content might give rise to a claim for discrimination based on sex even if the music offends both men and women. Sharp, et al...more

Bradley Arant Boult Cummings LLP

Heads Up, Not Down — Tennessee Employees Now Get To Wear Their CROWN: What Employers Should Know About Tennessee’s CROWN Act

Workplace hair discrimination is a topic that has floated through the media for the past several years. To prohibit discrimination, California has implemented the “Creating a Respectful and Open World for Natural Hair (CROWN)...more

Verrill

Supreme Leak: Religion at Work

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Over the last year, our society has navigated COVID-19 and rules concerning vaccination and masking. As a society and on this blog, we have discussed regularly the role religious freedoms play in the work environment—under...more

Sheppard Mullin Richter & Hampton LLP

EEOC Publishes New Guidance Regarding Objections to COVID-19 Vaccines Based Upon Employee Religious Beliefs

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) expanded its prior guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to include recommendations for...more

Butler Snow LLP

Can Your Employees Claim Religious Exemption from a Mandatory COVID-19 Vaccine Policy?

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Although most employers were hesitant to implement vaccine mandates following the initial rollout of the COVID-19 vaccines, the still-surging pandemic, driven by the highly contagious Delta variant, has caused many companies...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Bradley Arant Boult Cummings LLP

EEOC Locks onto Bostock: New Guidance on Sexual Orientation and Other Gender Issues

You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII.  After that decision,...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

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This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Brooks Pierce

EEOC’s New Guidance Regarding Sexual Orientation and Gender Identity Workplace Discrimination

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The U.S. Equal Employment Opportunity Commission (EEOC) recently announced new resources to aid employers and employees in understanding the EEOC’s position regarding sexual orientation and gender identity discrimination....more

Verrill

Public Accommodation Laws and Vaccination Inquiries

Verrill on

Last week, the EEOC provided updated COVID-19 guidance to employers on vaccines and vaccine incentives in the employment realm. One area, however, in which the agencies has been silent is in the public accommodation space and...more

Bradley Arant Boult Cummings LLP

COVID-19 in the Workspace: Is Enough Enough?

You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the...more

Buckingham, Doolittle & Burroughs, LLC

EEOC Issues Guidance on Employer-Mandated COVID-19 Vaccinations

On December 16, 2020, the Equal Employment Opportunity Commission issued its anticipated guidance on employer-mandated COVID-19 vaccinations. An employer may implement a mandatory vaccination policy so long as the employer...more

Steptoe & Johnson PLLC

The Vaccines are Coming: Should Employers Mandate?

Steptoe & Johnson PLLC on

As COVID-19 vaccines become more widely available, employers wishing to implement a COVID-19 vaccination policy must consider, among other things, two important questions. This alert addresses these two fundamental...more

McDermott Will & Emery

COVID-19 Vaccine FAQs for Employers

McDermott Will & Emery on

Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions. A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more

Sheppard Mullin Richter & Hampton LLP

EEOC Takes a Shot at COVID-19: Unvaccinated Employees Can be Excluded From the Workplace

The Equal Employment Opportunity Commission (EEOC) released its long-awaited COVID-19 vaccine guidance for employers on December 16, 2020, providing answers related to workplace requirements about COVID-19 vaccines. With...more

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