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
As we kick off a new year, there are already a number of recent decisions at the state and federal levels impacting future considerations for employers and workplace policy. We invite you to join the Bass, Berry & Sims labor & employment attorneys for a lively presentation as they discuss the significant legal developments impacting employers as we look ahead to 2024.
Continue Reading Register Now: New Year…New Laws…New Challenges for Employers Webinar
As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:Continue Reading Top Five 2024 Employee Policies and Issues Check Up
Recent years have brought a steady stream of developments in labor and employment law, and 2023 has been no exception. As we expect regulatory and legislative changes to continue, it is critical for employers and HR professionals to stay informed of the impact these developments will have in the workplace. We invite you to join us for a lively presentation discussing the significant legal developments that employers should consider as we look forward to 2024.Continue Reading Register Now | Significant Labor & Employment Law Developments Impacting the Workplace
The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will publish a revised Form I-9 (Employment Eligibility Verification), which is used by employers to verify an employee’s identity and employment authorization.Continue Reading Employers Must Switch to New Version of Form I-9 by October 31, 2023
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
Since March 20, 2020, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have allowed employers flexibilities with remote workers to defer physical inspection of I-9 documents temporarily and instead electronically verify I-9 documents over a video link, fax or email. These flexibilities were available for employees who were working remotely due to COVID-19 precautions until they began working non-remotely “on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.”Continue Reading Electronic I-9 Flexibility Provisions Expire on July 31, 2023; Physical Inspections Due on August 30, 2023
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
On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work certifications. The EEOC explained that this revised guidance was due in part to the evolving circumstances of the pandemic but cautioned that these revisions were not intended to suggest that workplace safety policies related to COVID-19 were no longer warranted.
Continue Reading EEOC’s Updated Guidance on COVID-19 Testing in the Workplace
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)