As the number of confirmed 2019 novel coronavirus (COVID-19) cases continues to rise across the country and around the world, employers are looking for guidance regarding how they should react to the potential for spread of the virus. Several government agencies have responded to this demand. Bass, Berry & Sims’ labor & employment attorneys have
EEOC Guidance on Harassment Calls for Civility Training
By Tim K. Garrett on
Posted in Labor Board Proceedings and Practice
In an article published by the Society for Human Resource Management (SHRM), Bass, Berry & Sims attorney Tim Garrett provided insight on a 2015 National Labor Relations Board (NLRB) ruling that reinstated a worker who made racist remarks to replacement workers during a strike. Tim states that an employer that does nothing in response to…
EEOC Issues Revised Equal Pay Data Rule
By Richard Arnholt on
Posted in Wage and Hour Law and Practice
On July 14, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a revised version of its proposal to expand pay data collection from federal contractors and other employers with more than 100 workers. The revised proposal pushes back the date of the first required employer report to allow for the use of W-2 wage…
Mental Impairments: When Can an Employer Require a Fitness-for-Duty Exam?
By Tim K. Garrett on
Employers often must balance the mandates of seemingly competing directives. A challenging example arises in the area of possible mental impairment. An employer may hear concerns that an employee is acting abnormally, or has hinted at a desire to hurt herself, or is exhibiting other possible signs of mental impairment. The employer does not wish to stereotype the employee unfairly, or unlawfully “regard” the employee as disabled; yet, the employer also must ensure a safe work environment for other employees and others on the premises.
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EEOC Alleges in Two Lawsuits That Title VII Prohibitions Extend to Sexual Orientation Bias
By Tim K. Garrett on
The EEOC recently announced two new lawsuits it has filed alleging that employers have violated Title VII’s protections against gender bias to include prohibitions against sexual orientation bias. The lawsuits are not very surprising in light of the EEOC’s position last July, in Baldwin v. Department of Transportation. There, in a case involving a federal employee, the EEOC took the position that discrimination against a person based on sexual orientation is, by its nature, discrimination on the basis of sex.
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Can Employer Require Impaired Employee to Take Medication?
By Tim K. Garrett on
The EEOC says no. In a recent case, the EEOC filed suit against a paper company in Michigan over this issue. The employee had a seizure at work and was diagnosed with epilepsy. After a period of leave, the employee was released to return to work by his physician.
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Tim Garrett Authors Article on KBR Settlement for Employee Benefit Adviser
Bass, Berry & Sims attorney Tim Garrett wrote an article summarizing the SEC’s April 1 announcement that it had settled an enforcement action over an employer’s use of a restrictive confidentiality agreement.
Tim made the point that the SEC’s action was consistent with similar efforts by the National Labor Relations Board and the Equal Employment…
Tim Garrett Comments on Supreme Court Decision Related to Policies on Pregnant Employees
By Tim K. Garrett on
Bass, Berry & Sims attorney Tim Garrett commented on the Supreme Court decision, Young vs. UPS, questioning whether an employer must provide equal accommodations regarding limited duty to employees who have pregnancy-related limitations and those whose limitations are not pregnancy-related. The Supreme Court referred the case back to the 4th Circuit for review. In…
Tim Garrett Authors Article on Policies to Safeguard the Workplace
By Tim K. Garrett on
Bass, Berry & Sims attorney Tim Garrett authored an article outlining steps that companies should consider to provide a safe workplace. In the wake of recent incidents of violence at the workplace, Tim asserts, employers should adopt policies and procedures to foresee issues and be prepared when situations arise. The article discusses some factors contributing…
Release Language Hazards and How to Fix Them
By Tim K. Garrett on
Posted in Uncategorized
The EEOC has been challenging the legality of releases, attacking certain language that some employers consider standard. The EEOC responds that it is merely acting consistently with its 1997 Enforcement Guidance on what it considers “non-waivable rights.” So, what has drawn the EEOC’s adverse attention?
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