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Employment Law

EEOC begins issuing formal opinion letters

01/12/2021
The EEOC has quietly begun taking a page out of the Department of Labor’s playbook, issuing formal opinion letters on matters related to Title VII of the Civil Rights Act and the Age Discrimination in Employment Act.

National origin bias need not target specific country

01/07/2021
Discriminating on the basis of an employee’s national origin violates Title VII. But as one recent case shows, national origin discrimination doesn’t have to involve a particular nation.

Forced leave isn’t pregnancy accommodation

01/07/2021
Some pregnant women develop complications that require temporary restrictions. Be careful about how you handle those restrictions! Beware requiring a pregnant employee to take FMLA leave. And think twice about denying light-duty work as a reasonable accommodation.

New independent contractor rule soon to be moot

01/07/2021
On Jan. 6, the Department of Labor issued its long-awaited final rule revising the test to determine who can be classified as an independent contractor. The rule, as written, is unlikely to go into effect as scheduled on March 8.

Telemedicine OK to certify need to grant FMLA leave

01/07/2021
The Department of Labor now considers a telemedicine consultation with a health care provider sufficient to determine someone has a serious health condition that warrants FMLA leave.

Search EEOC’s new database of EEO-1 info

12/30/2020
The EEOC has just released a searchable database of the EEO-1 data it collects each year from large employers. It’s called EEOC Explore, and it can be a valuable resource for HR pros interested in benchmarking diversity initiatives and auditing hiring practices for possible bias.

#MeToo era: Say goodbye to token settlements

12/30/2020
Once upon a time, employers could make many sex discrimination and harassment complaints go away with a discreet, relatively small settlement. That’s a fairy tale now.

Beware NLRB lawsuits that allege worker retaliation

12/17/2020
The EEOC isn’t the only enforcement agency that can file a retaliation lawsuit. The National Labor Relations Board can, too. Even employers with nonunion workforces may find themselves in the NLRB’s crosshairs if they bar discussing working conditions.

Ignore harassment complaints, plan on lawsuit

12/17/2020
Some managers mistakenly assume that if they ignore harassment complaints long enough, victims will quit and the problem will disappear. That’s wishful thinking.

Disability is no excuse for breaking work rules

12/10/2020
Workplace discrimination laws don’t give a free pass to employees who violate legitimate work rules. Don’t let fear of being sued stop you from disciplining workers who deserve it.