Posts by Joe Boone
General Complaints By Other Employees Do Not Necessarily Provide Constructive Notice of Harassment
Although the employee argued that the employer should have known that she was being sexually harassed based on complaints by other employees, the U.S. Court of Appeals for the Tenth Circuit found that such complaints were not sufficiently similar or close in time to trigger liability for the employer. Moreover, the employer had no duty…
Read MorePre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees
Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly regulating and limiting pre-employment background checks to protect prospective employees from perceived unfair or illegal treatment. Given this trend, we thought…
Read MoreEmployers, Be in the Know: I-9 Changes Are Coming!
Three key changes are coming to Form I-9. First, as of July 31, 2023, employers will no longer be permitted to verify Form I-9 documents remotely. Employers who engaged in remote verification of Form I-9 documents will be required to inspect identity and employment eligibility documents again that were initially inspected remotely, which must be…
Read MoreNLRB General Counsel Targets Non-Compete Agreements
National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo recently issued a memorandum announcing her broad opposition to non-compete agreements. In GC Memo 23-08, Abruzzo set forth her belief that, “the proffer, maintenance, and enforcement of [non-compete] agreements violate Section 8(a)(1) of the Act.” According to Abruzzo, overbroad non-compete agreements chill employees’ abilities to exercise…
Read MorePaws in the Pews: Accommodations for Service Animals in Places of Worship
Service animals in places of worship. What must we do? What should we do? Situation. A member brings a dog to weekly worship. The dog misbehaves. Sounds, smells, etc. You politely ask if you can help, gently implying that the animal is distracting to others. The member responds that their “service animal” has “a right…
Read MoreWhat Manufacturers Should Know About the ADA’s Exception for ‘Transitory and Minor’ Impairments
Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,” although transitory and minor impairments are ill-defined. Manufacturing and Disability The ADA defines “disability” in three ways: (1) a physical or mental…
Read MoreSupreme Court Clarifies Undue Hardship Standard for Religious Accommodation Requests Under Title VII
On June 29, 2023, the U.S. Supreme Court unanimously ruled in Groff v. DeJoy that Title VII of the Civil Rights Act of 1964 requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular…
Read MoreNews Flash -Remote I-9 Inspection Flexibility Ends July 31
In May 2023, the U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) announced that the Covid-19 flexibility regarding the physical inspection of the Form I-9, Employment Eligibility Verification, would end on July 31, 2023. As a result, employers who have been relying on this temporary flexibility to conduct remote…
Read MoreA Poor Performance Review Does Not Create a Hostile Work Environment
In a common-sense ruling, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of an employee’s hostile work environment (HWE) harassment claim that was based, in part, on a poor performance review. Under Title VII, HWE harassment consists of multiple acts over a period of time that are so severe or pervasive…
Read MoreThe Supreme Court Redefines the Religious Accommodation Obligation for Employers
On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is substantial. The Court rejected the “de minimus” standard as a misreading of the Court’s precedent…
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