Employees Working from Home – How Should Company’s React?

With the country reopening due to the lessening of COVID-related restrictions, companies and employees are returning to a new “normal.” Remote working has become a recruiting tool for some companies. For other companies which have required employees to return to the office, the failure to continue to allow some form of remote working (“hybrid model”)…

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Court Revives Title VII and FMLA Claims

The 5th U.S. Circuit Court of Appeals revived race discrimination and retaliation claims of a Black sheriff’s office employee fired for sleeping on the job based on evidence that the office only counseled a white employee for the same behavior. The plaintiff was a shift supervisor in the dispatch department of the St. John the…

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Employers Paid $439M to Resolve EEOC Discrimination Claims in 2020

Employers paid more than $439 million to resolve U.S. Equal Employment Opportunity Commission (EEOC) discrimination allegations. That number includes both private sector and state and local government workplaces during the agency’s 2020 fiscal year, according to a Feb. 26 statement. Retaliation claims constituted more than half of all charges filed with the agency last year, while disability-related claims and…

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Under the Biden Administration, Turbulence Awaits Employers at the NLRB

President Joe Biden wasted little time in making his mark on the National Labor Relations Board (“NLRB” or “the Board”) – a development of import to all employers, as the law it enforces, the National Labor Relations Act, protects the rights of all employees, not just union members, to engage in concerted activity regarding the…

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Biden Administration Issues Order on Gender Identity and Sexual Orientation

As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal agencies that enforce any laws that prohibit sex discrimination. In Bostock, the Court ruled that employees are protected…

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Defining ‘Sex’​ in Title VII: The Bostock Decision and LGBTQ Rights

The U.S. Supreme Court recently ruled that federal law prohibits employers from discriminating against gay, lesbian, and transgender employees in workplaces. Hayley Archer discusses the case, its potential implications, and what it means for employees in Wisconsin. In a landmark decision that is a major victory for the LGBTQ community, the U.S. Supreme Court ruled…

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Senate Confirms 3 Commissioners, Maintaining EEOC’s Right-Leaning Quorum

The U.S. Senate this week confirmed the nominations by Republicans of three commissioners for the U.S. Equal Employment Opportunity Commission (EEOC). Keith E. Sonderling, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, was confirmed Sept. 22 with a term that expires July 1, 2024 with a vote of 52-41. Sonderling was nominated in July 2019,…

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Back to Basics: A Retaliation Refresher

In this, our fifth and final installment of Back to Basics, we outline an anti-retaliation checklist. Case in Point – when supervisors sat down with Frank Brown to tell him he couldn’t take leave to attend a doctor’s appointment with his wife during the workday, he yelled and banged his fists on the table, court documents…

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