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Employment Law

No, you can’t deny accommodation over aesthetics

06/30/2025
Can a perceived customer preference for non-disabled front-of-house workers make being able to stand and walk without a limp an essential function of the job? One employer found out when it ended up paying $100,000 for turning down a request for a stool.

Supreme Court rules ADA does not apply to former employees

06/30/2025
In a mixed decision that may invite other cases, the U.S. Supreme Court ruled that a retired disabled individual could not sue her former employer over an alleged discriminatory policy change that cut her retiree health benefit.

Discover work mistakes during FMLA? Here’s what to do

06/23/2025
Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case.

Painful periods? That’s no reason not to hire

06/23/2025
The EEOC takes discrimination against women because of their unique reproductive characteristics seriously, as a recent lawsuit settlement shows.

How discrimination beliefs are driving resistance to DEI initiatives

06/23/2025
When conversations around workplace equity stall or spark conflict, it’s often not because someone is unwilling to engage, but because people are starting from entirely different premises. A new Pew Research Center report highlights how vastly Americans’ perceptions of discrimination differ across political, demographic and social lines.

Why EEOC’s refusal to pay state discrimination agencies means more lawsuits

06/17/2025
Recently, the EEOC indicated that it will no longer pay state anti-discrimination agencies for work they do on complaints involving gender identity discrimination or claims of disparate impact before they’re sent to the EEOC.

For workers, strikes look like the answer

06/12/2025
With this year marked by economic uncertainty, some employers have chosen to offer smaller pay increases. That may lead to dissatisfaction among workers still contending with the effects of inflation and rising costs.

Downsizing DEI? RIFs may backfire

06/12/2025
It may be tempting to eliminate diversity, equity and inclusion policies entirely. But before you do so, consider the potential unintended consequences, especially if you lay off everyone you hired to run the programs. Those sidelined employees who were supposed to help you create a diverse workplace may sue you.

Why employers must move fast during accommodation process

06/12/2025
The ADA doesn’t set a time limit for the interactive accommodations process, but assumes everybody will act in good faith. So when the process takes too long, the employee can sue, alleging failure to accommodate. She doesn’t have to lose her job, pay or benefits to do so.

Teen harassment? Avoid a PR nightmare

06/12/2025
Teens can ask a question and get an instant (sometimes inaccurate) answer. Couple that with government websites designed to provide teens with accurate information about their rights, and you have a recipe for a PR nightmare.