Legal
Separation of Church and Cubicle: Supreme Court Considers Increasing Burden on Employers
Background How far must employers go to accommodate their employees’ sincerely held religious beliefs? Last month, the Supreme Court heard oral argument in Groff v. DeJoy, a case that asks the Justices to answer this very question—and potentially alter employers’ accommodation obligations in the process. When Gerald Groff started working for the United State Postal…
Read MoreWhat the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts
On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in “abusive conduct.” This decision, Lion Elastomers LLC II, overturns the Board’s 2020 General Motors decision and requires employers to look critically at the context of abusive conduct before disciplining…
Read MoreWorkplace Religious Accommodation Ruling Expected from Supreme Court Soon
n April, the United State Supreme Court heard oral arguments in Groff v. DeJoy, a case about religious accommodations in the workplace. Specifically, Groff centers around the issue of how great a burden an employer must bear in order to accommodate an employee’s sincerely held religious belief, observances, or practices. The Court will issue its ruling within the…
Read More“Not a Good Fit” Might Be Grounds for Termination – But You Must Be Able to Back It Up
Employers sometimes assert that an employee is “not a good fit” for the company. Such vague terminology may be problematic when the employee claims that their termination was actually because of illegal discrimination or harassment. But the U.S. Court of Appeals for the Fourth Circuit upheld an employer’s “not a good fit” determination because the…
Read MoreSupreme Court Hears Oral Argument on Title VII Religious Accommodation Standard
On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices. By way of background, Title VII, as adopted in 1964, prohibits discrimination on the basis of…
Read MoreDepartment of Labor Issues Opinion Letter Clarifying FMLA Leave for Overtime Workers
The United States Department of Labor (“DOL”) released an opinion letter on February 9, 2023 (the “Letter”) clarifying covered leave for overtime-eligible employees under the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”). The Letter pertains to FMLA-eligible employees who work more than 40 hours in a given workweek. The…
Read MoreThe NLRB Is Providing More Resources to Workers – But What Are Employers’ Rights?
Employers should be aware that the National Labor Relations Act is actively working to inform employees about their rights under that law, and not always in a neutral way. A recent initiative is a new “Know Your Rights” card series. These tri-fold cards, in English and Spanish, are available to employees to share with others…
Read MoreHow Do We Handle Drug or Alcohol Impairment in the Workplace?
Here is a question we received via email from a company with multiple locations in different states: We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are particularly concerned about…
Read MorePros and Cons About Zero Tolerance Policies
Recently, a white employee was fired under a company’s zero-tolerance policy when he was overheard discussing a rap artist on a company phone. In another incident, a school security guard in Madison, Wisconsin, who was Black, was fired under the school district’s zero tolerance policy when he objected to a student referring to him using…
Read MoreSecond Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias
The U.S. Court of Appeals for the Second Circuit has rejected an employee’s claim that he was unlawfully discriminated against based on religion after he refused to attend mandatory LGBTQ anti-discrimination trainings. In Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, No. 22-547 (2d Cir. Mar. 13, 2023), the plaintiff sued his former employer, a public organization that…
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