Posts by Joe Boone
Employer Considerations for Navigating Evolving Gun Laws
In 2022, gun laws remain top of mind for many Americans, but particularly employers. The Supreme Court ended its 2022 term with a series of bombshell opinions, and one opinion in particular may indirectly impact gun rights in the workplace. The Supreme Court’s opinion in New York State Rifle and Pistol Association v. Bruen resulted…
Read MoreWorkplace Investigations: When Should You Consider Retaining an Outside Investigator
Increasingly, organizations are conducting workplace investigations in response to employee concerns – both those raised formally to human resources or through a written complaint or attorney demand letter, and those raised informally in a conversation with a supervisor that is brought to human resources’ or an equivalent function’s attention. Matters that, in the past, might…
Read MoreEmployers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace
Have you read the warnings on prescription painkillers? They can be pretty scary – “May cause drowsiness.” “May cause dizziness.” “Do not operate a car or dangerous machinery.” (Or words to that effect). I think by now, everyone is aware of the risks associated with controlled substances. Certainly, the opioid epidemic did not earn its…
Read MoreSixth Circuit Affirms First Amendment Protections for University Professor Refusing to Use Transgender Pronouns
Gender identity has been an issue of intense debate over the past couple of years. Courts are still grappling with the U.S. Supreme Court’s decision in Bostock v Clayton County, 140 S. Ct. 1731 (2020), which held that the 1964 Civil Rights Act protects gay, lesbian and transgender employees from discrimination based on sex. Although…
Read MoreEx-SHRM Worker Alleges Organization Let Bias Fester Behind ‘Principled Public Facade’
A self-described “brown-skinned Egyptian Arab woman” who worked for the Society for Human Resources Management filed a lawsuit against the organization June 30 alleging discrimination and retaliation, in violation of Title VII of the Civil Rights Act of 1964 (Mohamed v. Society for Human Resource Management, No. 1:22-cv-01625 (D. Colo. June 30, 2022)). According to…
Read MoreEEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments
The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants. The guidance explains the ways in which software that relies on algorithmic decision-making can run afoul of Americans with Disabilities Act (ADA) requirements. The guidance also includes “promising practices” to…
Read MoreCourt Cases Show Mistakes to Avoid in ADA Compliance
Staying compliant with the Americans with Disabilities Act (ADA) presents various challenges for employers, and these challenges have only increased in the last two years during the COVID-19 pandemic. There’s a lot of complexity in determining what’s a covered condition and what’s an essential job function. Two of the biggest problems are employees who want…
Read MoreWorkers Compensation Claim? Light Duty? Remember The FMLA!
A recent decision out of the Eleventh Circuit is a good reminder for employers on how the Family Medical Leave Act (FMLA) and state law workers compensation schemes overlap and interact. The Family Medical Leave Act (FMLA) is a federal statute that entitles eligible workers who need to recover from a serious injury to take…
Read MoreFLSA Permits Unpaid Internships Even If Employers Benefit, 11th Cir. Confirms
A forensic photography intern working with Miami-Dade County was not an employee entitled to pay, the 11th U.S. Circuit Court of Appeals held (McKay v. Miami-Dade County, No. 20-14044 (11th Cir., June 9, 2022)). While the employer received some benefit from her work, she was the primary beneficiary of the internship, the court said. The…
Read MoreEmployers: Take Steps Now to Prevent Workplace Violence and Protect Employees
There have been over 240 mass shootings nationwide in 2022 so far – more shootings than days of the year. Many of these shootings involve workplace violence. For instance, three victims were killed in a Maryland manufacturing facility last week., and two teachers were among the victims in the recent school shooting in Texas. These…
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