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Employment Law

New York state will bar retaliation against workers who take legally protected time off

The law appears to focus on “points-based” attendance, in which employers impose points, or demerits, on employees for absences, often without regard for the reason for the absence—including medical reasons, which can be protected under the FMLA and other laws.

Federal court sends EEOC’s LGBTQ guidance back to drawing board

The Supreme Court rules—and then what happens? You must implement the ruling ASAP. In time, the EEOC may issue guidance on how to do just that. In this case, the EEOC’s guidance went too far. Texas challenged the guidance.

Promoting or hiring? Be sure to document why your choice is best

Whenever you’re hiring or promoting from within and choosing from several candidates, someone is going to be disappointed. And that means there’s the potential for legal trouble if you don’t make sure your process was lawsuit-proof.

Religious accommodations and how to implement them

Employers have a legal obligation to accommodate the sincerely held religious beliefs of their employees. Employers want to get it right but navigating religious accommodations can be tricky. Here is some practical information to help employers better understand their general obligations.

Court calls working beyond pay grade intolerable

Generally, workers must be turned down for a job, demoted or fired before they can sue their employers and allege discrimination as the reason. But as with many things in life, there’s an exception—the concept of constructive discharge holds that if an employer makes the employee’s work life “intolerable,” that justifies quitting. The worker can then sue despite not having been fired.

Court revives claim of HR manager

A week after an HR manager testified in a lawsuit against a former employer, she was fired. The HR manager then sued the employer who fired her for unlawful retaliation, a violation of Title VII.

EEOC settles with union over forced return-to-office policy

The American Federation of Government Employees filed a complaint against the EEOC over its mandatory return-to-the-office policy. The EEOC attempted to unilaterally implement a policy requiring staff to return to the office immediately, terminating remote and telework arrangements without negotiating with the union.

Can racial equity training create a hostile work environment?

A former employee of Seattle’s Human Services Department is suing the city in federal court, claiming a program by the city’s Office for Civil Rights created a hostile work environment for him, as he is white.

Beware ad hoc accommodation approvals

Every organization should have a well-delineated plan for approving reasonable accommodations. Don’t let direct supervisors make their accommodations casually. These ad hoc arrangements often become almost impossible to revoke later.

Snapshot: Down, down, down: Discrimination claims at EEOC drop

In 2021, the EEOC received the lowest number of charges from workers in more than two decades—61,331, down 9.1% from 2020.