Timing Matters – Failure to Respond and Act Promptly Can Create Liability

A recent case emphasizes the importance of timing – both in terms of reacting to reports of employee misconduct and in imposing discipline (particularly termination). As the U.S. Court of Appeals for the Eighth Circuit recently found, terminating an employee, based on conduct that occurred months earlier, shortly after they complain of discrimination certainly seems…

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Motorcycle Dealership Sales Manager Wins $500K in Sex Discrimination Suit

Backed by the U.S. Equal Employment Opportunity Commission, a female sales manager at a Harley-Davidson dealership based in Tampa, Florida, won $500,000 in punitive damages after being denied a promotion based on her sex, in violation of Title VII of the Civil Rights Act of 1964. A jury of eight unanimously found in her favor. According to…

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Walmart Applicant Alleges Retailer’s Criminal History Test is Discriminatory

Walmart’s criminal history screening process is overly broad, in violation of Title VII of the Civil Rights Act of 1964, an applicant alleged in a proposed class-action lawsuit (Ramos v. Walmart, Inc., No. 21-cv-13827 (D.C.N.J., July 19, 2021)). The store fails to assess whether an applicant’s convictions are job-related, the plaintiff said. Furthermore, Walmart’s process…

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Employers React to Workers Who Refuse Vaccination as COVID-19 Cases Rise

As mandatory COVID-19 vaccines become more widespread, many employers are asking what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine and others are requiring unvaccinated employees to submit to weekly testing and take other safety precautions. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that…

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Federal Court Allows ACLU Pregnancy Discrimination Case to Move Forward

A federal court determined July 14 that the American Civil Liberties Union can move forward with a lawsuit against Frontier Airlines, alleging the company discriminated against pregnant and breastfeeding employees. Frontier Airlines had requested the court dismiss the case. In its complaint filed on behalf of four Frontier employees and “all others similarly situated,” (Hodgkins, et al,…

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EEOC’s Updated Guidance on COVID-19 Vaccines in the Workplace Impacts Employer Approaches for Compliance with CDC Guidance and State and Local Require

Employers―and particularly those operating in multiple states―should be mindful of how the updated guidance impacts their efforts to comply with state requirements. On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its guidance on workplace COVID-19 vaccination issues under the federal EEO laws. The updated guidance is important for employers to consider in…

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Interview Icebreakers Can Land You in Hot Water

Breaking the ice during job interviews without breaking the law is tougher than it sounds. Personal questions at job interviews are risky, legal experts say; they recommend interviewers stick to job-related inquiries, which are a safer way to build rapport. However well-intentioned, questions about children and where a job applicant is from, among other questions,…

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NLRB Looks to Circumstances to Determine Duration of Confidentiality Requirement in Investigation

In Alcoa Corp., the National Labor Relations Board addressed an important issue to both non-union and unionized employers alike concerning workplace investigations. Most importantly, the Board reaffirmed that an employer does not violate the National Labor Relations Act (NLRA) when it instructs employees to keep investigative interviews confidential for the duration of the workplace investigation.…

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Employers React to Workers Who Refuse a COVID-19 Vaccination

As COVID-19 vaccines become widely available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or…

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