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Employment Law

When evaluating religious accommodations, accept sincerity of employee’s stated beliefs

The EEOC is pushing the envelope on how far employers can go if they want to deny requests for reasonable religious accommodations. It doesn’t generally approve of employers probing too deeply into why an employee might have a faith-based objection to following an employer’s dress and grooming rules.

Beware growing influence of pro-worker NLRB

A decade ago, the National Labor Relations Board—the independent agency that enforces the National Labor Relations Act—was considered a relatively minor player on the employment-law scene compared to the Department of Labor and the EEOC. No more.

Is it OK to disable online comments to silence pro-union messages?

Employees have the right under Section 7 of the NLRA to engage in protected concerted activity—to complain between and among themselves about terms and conditions of employment. This right includes the right to express an opinion in favor of unionization and against the termination of co-workers who were allegedly fired for supporting the union. Section 7 covers social media posts and comments.

After Groff ruling, how to accommodate religion at work

On June 29, a unanimous Supreme Court ruled 9-0 in Groff v. DeJoy that employers must accommodate employees’ religious practices and beliefs unless doing so creates an undue hardship. Now, employers must revamp their religious accommodation process or risk litigation.

NLRB moves to ban noncompetes, but options remain

In a memo to the agency’s regional directors, NLRB General Counsel Jennifer Abruzzo announced her conclusion that including noncompete agreements in employment and severance agreements violates the National Labor Relations Act.

Keep it Legal: Beware stereotyping ambition

While we may all like to think we don’t stereotype based on sex, race, nationality or any other protected class, the truth is that we may. And the number of lawsuits alleging that employers made hiring and promotion decisions based on stereotyping should serve as a warning to self-audit for doing just that.

Prepare to pay up if your DEI policy discriminates

Sometimes, employers are caught between conflicting workplace priorities. Such was recently the case for pharmaceutical company Eli Lilly. In an effort to cultivate a more diverse workforce, it wound up discriminating against a protected class: older workers covered by the Age Discrimination in Employment Act.

Supreme Court begins setting 2023-2024 docket: One employment-law case makes the cut

Two employment-law cases were considered for the 2023–2024 docket. One of them will be heard, but the justices decided another didn’t make the cut.

Never tell recruiter to screen by protected status

If you use a third-party recruiter to screen and refer candidates for open positions, remember this: You’re responsible for any discrimination that may occur. Telling the recruiter you don’t want to consider résumés from members of a particular protected status is a big no-no.

Summer’s here and so are new employment laws

Summertime is often when new employment laws take effect, and this summer is no exception.