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Employment Law

Biden acts to reverse Trump civil rights rules

01/26/2021
Just hours after being sworn in on Jan. 20, President Joe Biden moved to overturn Trump administration policies affecting how the government addresses workplace diversity and bias in the federal workforce.

New COVID concern: ‘Maskual harassment’

01/21/2021
A new study by UC Berkeley and One Fair Wage found that the pandemic has exposed many employees—particularly service and restaurant workers—to face mask-based harassment.

EPA: Employer must prove pay bias didn’t relate to sex

01/21/2021
Some employers assume that employees who sue under the Equal Pay Act must prove that sex caused the disparity. That’s backwards. Courts want employers to prove the reason for the disparity was something other than sex.

Engaged bosses can counter workplace bias

01/21/2021
There’s news both good and bad in a recent Gallup poll on the prevalence of discrimination in the workplace.

Offer intermittent leave as ADA accommodation

01/21/2021
When we talk about intermittent leave, we’re usually discussing the FMLA. But intermittent leave can also be appropriate in the context of the ADA, as a reasonable accommodation of an employee’s disability.

EEOC says some foreign employees need not receive OWBPA notices

01/19/2021
Employers that are normally subject to the requirements of the Age Discrimination in Employment Act do not have to notify overseas workers who are not U.S. citizens of rights included in the Older Workers Benefit Protection Act, according to an EEOC opinion letter issued Jan. 14.

New EEOC rule aims to promote settling discrimination claims

01/19/2021
For the first time in 40 years, the EEOC has revised the rules that govern its conciliation process in an effort, it says, to encourage voluntary settlement of discrimination cases.

Recruit broadly to ensure diverse applicant pool

01/14/2021
Employees and job applicants can win age discrimination lawsuits if they prove an employer’s personnel practices have a negative disparate impact on older persons.

Act ASAP to prevent customer from harassing

01/14/2021
Title VII doesn’t just outlaw co-worker and supervisor harassment, it also holds employers responsible for preventing and stopping harassment from outside the organization. As much as you don’t want to alienate customers, you must intercede if they harass your employees.

Full speed ahead for Biden’s pro-worker plans

01/14/2021
Expect a sharp contrast with the employer-friendly policies of the Trump administration. Here is what we know so far about how the Biden administration will address hot-button employment law issues.