Seventh Circuit Decision Affirms Walmart’s Win in Pregnancy Bias Lawsuit
The United States Court of Appeals for the Seventh Circuit recently delivered a win to employers under the Pregnancy Discrimination Act (the “PDA”) in Equal Employment Opportunity Commission v. Walmart Stores East, L.P., Case No. 21-1690. Case Background The EEOC accused Walmart of engaging in sex discrimination under the PDA (an amendment to the Title…
Read MoreRetaliation Claims Can Drive You Nuts!
As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim. Federal and state discrimination laws protect employees not only from discrimination or harassment, but also from retaliation for opposing discrimination/harassment, or making a charge/complaint, testifying, assisting, or participating in any way in a discrimination proceeding, such as…
Read MoreGun Reform: How Employers Can Protect Employees from Workplace Violence
Congress recently passed the Bipartisan Safer Communities Act, or gun reform legislation, that President Biden has now signed into law. Portions of this legislation may help reduce workplace violence that involves domestic abusers who pursue their partners at their workplaces. The gun reform legislation contains a provision that closes what is commonly known as the…
Read MoreInternship Laws In Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws
As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Overview of Internships Internships are generally intended to be educational opportunities for students or recent graduates to learn invaluable on-the-job skills, how to effectively work in a…
Read MorePreventing Sexual Harassment in the Workplace
In August, Lone Star Ambulance, a critical-care transportation company in San Antonio, settled a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for alleged sexual harassment and retaliation. The company will pay $90,000 in damages and provide additional relief. “The EEOC is committed to vigorously enforcing anti-discrimination laws on behalf of all workers,”…
Read MoreCan Non-Employers Be Sued for Interference with an Employee’s ADA Rights?
Addressing this “novel” question, the U.S. Court of Appeals for the Sixth Circuit answered: No. However – be careful – companies may be held liable under a joint employer theory. In Post v. Trinity Health-Michigan, a nurse was employed by a physician group that provided services to a hospital. Several months after suffering an accident…
Read MoreOffensive Language May Be Protected Concerted Activity
The U.S. Court of Appeals for the D.C. Circuit ruled that the National Labor Relations Board sufficiently addressed the conflict between an employer’s obligations under federal antidiscrimination laws and employee’s rights under the National Labor Relations Act in finding unlawful an employee’s termination for writing “whore board” at the top of two overtime sign-up sheets.…
Read MoreUnlimited Time Off Presents Hidden Challenges for Employers
We have increasingly been fielding inquiries from organizations that are looking to implement some version of unlimited time off for their employees. They saw that employees continued to be productive while working remotely during the pandemic, and they want to give them the flexibility to take time off as/when needed – provided the work still…
Read MoreEmployers: Be Careful What You Include In A Handbook
Most employers include provisions in their Employee Handbook giving them the right to modify the policies at any time. They also make clear that the handbook is not a contract and does not create contractual obligations. There are good reasons for both, but also consequences. If you are looking to enforce an obligation, it’s best…
Read MoreTop 10 Mistakes in Handling I-9 Forms
One of the things that we are constantly telling our clients about has to do with conducting internal I-9 audits. We encourage them to not only correct any forms that need correcting, but also to change their documentation practices. We tell them that not understanding the difference between correcting I-9s and correcting practices leading to…
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