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Employment Law

EEOC explains covid-19 as an ADA disability

12/16/2021
The EEOC issued new guidance Dec. 14 clarifying when covid-19 may be considered a disability under the ADA. The guidance appears in a Q&A document broadly focused on covid and the definition of disability under Title I of the ADA.

$2 million verdict in ‘glass ceiling’ bias suit

12/16/2021
For decades, women have complained that a “glass ceiling” effectively prevents women from climbing to the top of the organizational ladder. Over the years, numerous sex discrimination lawsuits have taken aim at the glass ceiling, including this one.

Make plans to handle high-level harassment

12/16/2021
Sexual harassment isn’t just a problem on the factory floor or in the back of the store. It sometimes simmers in executive offices, too. And the further up the chain of command the harassment originates, the more likely it will cost your organization a fortune in damages and disastrous PR.

Griping about low pay isn’t always protected activity

12/09/2021
Countless federal laws make it illegal for employers to retaliate against employees for engaging in protected activities such as reporting alleged discrimination or unfair labor practices. However, not all employee complaints earn protection against retaliation.

Be sure to track who you didn’t hire, too

12/09/2021
If the same person who made a hiring decision, knowing the candidate belonged to a protected class, also makes the firing decision, it’s almost impossible for the former employee to sue and argue she was terminated because of discrimination. But to succeed in court, you must be able to describe the applicants you did not hire.

It’s time to review noncompete agreements

12/09/2021
Two practical steps can help assure your noncompete agreements actually prevent unfair competition from former employees.

Retaliation by top executive or HR? Prepare to pay up

12/02/2021
Congratulations! A court just said you were not liable for discrimination! Now about that retaliation claim ….

ADA: Consider new schedule before leave

12/02/2021
Under the ADA, disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Generally, employers get to choose the accommodation they prefer. But to survive a lawsuit, that accommodation better permit them to actually work if at all possible.

NLRB orders union election do-over at Amazon facility

12/02/2021
Workers at an Amazon warehouse in Alabama will have another chance to vote on union representation after a National Labor Relations Board official ruled the online retailer interfered with an election held last spring.

Bill would restrict arbitration confidentiality

12/02/2021
A rising chorus of employee advocates, many speaking for victims of sexual harassment, want to make it illegal to require confidentiality when workers agree to settle workplace disputes through arbitration. Congress is listening.