How to Navigate a Reduction in Force

Over the course of your business life, there may come a time when you are faced with the difficult but necessary decision to lay off some employees as part of a reduction in force or other restructuring initiative at one or more of your locations. There are a wide array of laws that may impact…

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The EEOC Proposes Detailed New Enforcement Priorities For 2023-2027

On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s previously announced Strategic Plan described “how” it would pursue its enforcement goals. The Strategic Enforcement Plan, on the other hand,…

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Retaliation Mistake Leads to a Costly Payout

Race discrimination is bad enough, but an Oklahoma-based company recently learned the hard way that adding a retaliation mistake on top of that can lead to hefty settlements. American Piping Inspection, Inc. has agreed to pay $250,000 to settle a race-based discrimination and retaliation lawsuit filed by the EEOC on behalf of a Black employee…

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When Is the Accommodation Duty Triggered?

The U.S. Court of Appeals for the Eleventh Circuit addressed this question under the Rehabilitation Act (which applies to federal agencies, contractors and subcontractors, but applies the same standards of analysis as the Americans with Disabilities Act), stating, “The type and extent of information that an employee must provide will depend, of course, on the…

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Should Your Workplace Require Flu Shots?

The U.S. Centers for Disease Control and Prevention (CDC) recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The flu season typically runs between October and May with a peak in January and February,…

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‘Tis the Season for Employers to Review Their Employee Handbooks

With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur outside of the physical workplace, present distinct risks for employers. To maintain a safe, respectful, and healthy work environment, employers should consider…

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A Worrying Surveillance Trend for Remote Workers

WORK PRODUCTIVITY TRACKING: EMPLOYERS FACE SCRUTINY WITHOUT TRANSPARENT POLICIES When the pandemic ushered in a new era of remote work possibilities and capabilities, it simultaneously prompted an increase in the amount of remote workers juggling multiple jobs with one being full-time. This trend, known as “overemployment,” has been helpful for some workers. However, for some…

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Police Officer Suspended for Facebook Post Allowed to Sue City

At a time when Towns are increasingly wary of potentially inflammatory political statements by their employees, a Massachusetts court has raised a warning flag for Towns considering discipline as a result of those statements. A Cambridge police officer filed suit against the City, alleging it had violated his constitutional free speech rights by disciplining him…

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EEOC Updates Mandatory Poster, Adds QR Code for Filing Charges

The revised poster may result in an increase in the number of discrimination charges filed by employees, according to legal experts. The U.S. Equal Employment Opportunity Commission published Wednesday a “Know Your Rights” workplace poster that replaces its previous “EEO is the Law” poster, according to an Oct. 19 statement on the agency’s website. Covered…

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