Discrimination and Harassment Law and Practice

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

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)

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)

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)

I recently provided insight for an article in SHRM that outlined the requirements for anti-harassment training programs in the workplace. On March 3, 2022, President Biden signed a law banning the enforcement of mandatory arbitration agreements for claims of sexual-assault and sexual-harassment in the workplace. Employers should consider updating any anti-harassment training programs in light of this new law.
Continue Reading Anti-Harassment Training Requirements

We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #7: Interview the Accused. 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 #7 – Interview the Accused (VIDEO)

We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #6: Interview the Witness. 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 #6 – Interview the Witness (VIDEO)

We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #5: Interview Best Practices. 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 #5 – Interview Best Practices (VIDEO)

The EEOC has updated its guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The new guidance clarifies that employers may offer incentives to employees to voluntarily provide documentation or other confirmation that they have received the COVID-19 vaccination from a third-party (i.e., doctor, pharmacy, health agency or other healthcare provider).

The EEOC has confirmed that requesting this documentation is not a disability-related inquiry covered by the ADA and is not an unlawful request for genetic information under GINA, but continues to caution employers to keep this vaccination information confidential pursuant to the ADA. However, the EEOC has distinguished incentives offered to employees for voluntarily receiving a vaccination administered by the employer or its agent. In that case, the EEOC cautions employers against offering incentives that are so substantial to become coercive, as “vaccinations require employees to answer pre-vaccination disability-related screen questions, [and] a very large incentive could make employees feel pressured to disclose protected medical information.”

Continue Reading EEOC Update: Employers Can Offer Vaccine Incentives to Workers

The Equal Employment Opportunity Commission (EEOC) has released updated guidance regarding employers’ and employees’ rights and obligations related to mandatory COVID-19 vaccination.

Mandatory Vaccinations are Permitted

On December 16, the EEOC released guidance confirming that employers may require employees to be vaccinated for COVID-19, subject to Title VII of the Civil Rights Act (Title VII) prohibiting religious discrimination and the Americans with Disabilities Act (ADA) which prohibits discrimination based on disability.

Continue Reading EEOC Issues Updated Employer Guidance Concerning Mandatory COVID-19 Vaccinations