In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This decision will increase the type of job actions for which employers can be sued and will lead to greater risk for employers in making challenging employment decisions.Continue Reading Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job Transfer
Discrimination and Harassment Law and Practice
Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act
The Background
The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000 public comments on its Notice of Proposed Rulemaking, the EEOC issued its final rule and interpretive guidance to implement the PWFA on April 15, 2024 (Final Rule). Continue Reading Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act
Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”Continue Reading A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests
The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.” Employers will now have a harder time denying religious accommodations. Continue Reading Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests
Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act
The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an uncomfortable conflict between a person’s assigned gender and the gender with which the person identifies.
Continue Reading Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act
District Court Enjoins EEOC and Department of Education Guidance Protecting LGBTQ Rights
By Audrey Anderson & Mary Leigh Pirtle on
On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing guidance documents issued to interpret Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments…
Conducting Workplace Investigations: Step #10 – Communicate Results (VIDEO)
We are excited to share the final installment of our video series, Conducting Workplace Investigations | Step #10: Communicate Results. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.Continue Reading Conducting Workplace Investigations: Step #10 – Communicate Results (VIDEO)
Conducting Workplace Investigations: Step #9 – Take Disciplinary Action (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #9: Take Disciplinary Action. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.Continue Reading Conducting Workplace Investigations: Step #9 – Take Disciplinary Action (VIDEO)
Conducting Workplace Investigations: Step #8 – Assess Your Results (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #8: Assess Your Results. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.Continue Reading Conducting Workplace Investigations: Step #8 – Assess Your Results (VIDEO)