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Employment Law

High Court to hear religious dress code case

10/06/2014
The U.S. Supreme Court has agreed to hear a case that will decide whether a job applicant must specifically request an accommodation before an employer can be held liable for having a dress code that prohibits religious attire or grooming practices.

He never applied; but can he still sue for hiring bias?

10/06/2014
In most cases, people who file discrimination lawsuits (age, race, sex, etc.) based on hiring decisions are people who applied and were officially rejected. But what if someone simply believes the employer would favor one gender—and he never actually applies? Can that person still sue for hiring discrimination?

The hot lawsuits of 2014: Discrimination, harassment

10/01/2014
A survey asked: “In which of the following areas has your organization seen the most employee lawsuits or class action over the past year?”

Court: Don’t send FMLA notices via snail mail

09/30/2014
Typically, courts have recognized the “mailbox rule,” in which documents sent by regular postal mail are assumed to have reached the designated person. But a federal appeals court ruling is making employers question whether sending FMLA notices via regular mail is still acceptable.

Onboarding: How to prevent confidentiality breaches by new hires

09/29/2014
Although most employers are sensitive to the need to protect their own company’s confidential information, they may not be as attuned as they should be to the other side of the coin.

Is an employee entitled to take FMLA leave to care for her hospitalized adult child?

09/26/2014
Q. Would FMLA leave apply to an employee who requests leave time to care for her daughter who is over age 21 and married? The daughter’s illness required hospitalization, but her husband is overseas on active duty with the military.

Can we–should we–try to accommodate employee’s traffic anxiety?

09/26/2014

Q. One of our employees claims that traffic gives her anxiety and wants to alter her work schedule to avoid driving during peak travel times. It wouldn’t be a big deal but we’re afraid that if we do it for her, we will start to receive similar claims from other workers who have similar commutes. Do we have to accommodate her?

Be prepared when employees become whistle-blowers

09/26/2014
Legislators are creating new protections for those who report vio­lations to regulatory agencies.

Even courts can wind up in the EEOC’s cross hairs

09/26/2014
The Allegheny County Court of Common Pleas faces an EEOC age dis­crimination lawsuit after it dismissed a 70-year-old employee.

Boss’s stupid sexist comment may spur lawsuit

09/26/2014
Even a single comment can be enough to keep a sex discrimination case going—especially if the commentator happens to be a supervisor with firing authority.