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Employment Law

EEOC releases guidance on accommodating employees with visual disabilities

07/31/2023
According to the Centers for Disease Control and Prevention, approximately 18.4% of all U.S. adults are blind or have “some” or “a lot” of difficulty seeing, even when wearing corrective lenses.

How to protect against the coming explosion of anti-DEI lawsuits

07/31/2023
When the U.S. Supreme Court in June struck down Harvard University’s affirmative action admissions plan, it wrote that “[e]liminating racial discrimination means eliminating all of it.” Now employers with diversity, equity and inclusion programs worry that their efforts to achieve a diverse workplace will come under attack, too.

Ask these questions when challenging employee requests for religious accommodations

07/28/2023
According to the Supreme Court, employers can’t justify turning down a request for a religious reasonable accommodation because of its impact on morale for co-workers who may have to pick up weekend or holiday shifts so their religious colleague can have the time off. However, nothing in the recent Groff v. DeJoy decision says employers can’t challenge up front whether an employee is eligible for religious accommodations.

Monitoring: Beware fixating on productivity

07/26/2023
Are supervisors asking to install tracking software on their remote employees’ computers and devices? They may be suffering from what Microsoft has termed “productivity paranoia.”

A matter of morals … or discrimination? Expect more cases claiming ‘expressive association’

07/24/2023
The Supreme Court ruled in June that a Colorado web designer could decline to develop sites celebrating same-sex weddings based on her First Amendment expressive freedom of association. Now a different employer—a Catholic school—is trying to argue it has the right to “expressive association” in the employment context, able to reject applicants or fire employees who don’t live up to its views on moral behavior.

AI in the workplace must conform to anti-discrimination laws

07/20/2023
Recent guidance from the EEOC covers AI in employers’ selection procedures—hiring, firing and promotion decisions—and whether using AI in this manner has a disparate impact on protected groups.

EEOC finding novel ways to drive industry change

07/20/2023
Not content just to punish discrimination, the EEOC is seeking ways to increase employment opportunities for members of protected classes.

Sink retaliation claims by engaging an outsider to investigate bias complaints

07/20/2023
Using an outside entity to investigate internal discrimination or harassment complaints helps prevent retaliation lawsuits. That’s because there’s no reason for an outside investigator to take sides in the outcome.

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

07/20/2023
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

07/20/2023
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.