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Employment Law

I can’t work in the office … and you can’t make me!

If the pandemic has taught us anything, it’s that many employees are just as productive when they’re working from home as they are in the office. Which raises the question: Can you make employees come back to the office?

Does ‘religious freedom’ give OK for job bias?

In recent years, many corporations have made an effort to show their inclusive nature to certain groups, including the LGBT community. But what should your company do if an employee cites “religious freedom” as a reason to reject those company efforts?

Leave & accommodation are top reasons for COVID suits

A new analysis of all COVID-based employment lawsuits found the most popular claims are related to employee leave and disability accommodations, followed by retaliation/whistleblower suits.

Discover harassment by boss? Act ASAP

There is almost no way for an employer to defend against an employee’s claim that she was the victim of quid pro quo sexual harassment by a supervisor. The threat of discipline or termination unless a subordinate agrees to have sex with the boss is usually a slam-dunk win for an employee who sues.

Pregnant Workers Fairness Act could pass

The PWFA is modeled after the ADA. It would require employers to provide reasonable accommodations for all pregnant workers who need them.

3 Supreme Court cases HR should watch

The U.S. Supreme Court’s 2020-2021 term is in full swing. So far, there are three cases on the docket that may affect employers. Here’s a brief summary of each.

New rules proposed for EEOC conciliation process

For the first time since 1977, the EEOC is proposing changes to the procedures it uses to mediate discrimination and harassment claims before they go to court. If finalized, the new procedures should reduce the number of EEOC complaints that turn into lawsuits, legal experts say.

Google it: harassment shareholder settlement

Employers can’t get away with sweeping sexual harassment complaints under the rug in the #MeToo era.

Persistence pays off when accommodating disabilities

The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

Always consider religious accommodations

Employees may ask for reasonable accommodations when work interferes with their religious beliefs or practices. Employers often must go far beyond allowing occasional absences to attend services or bending dress and grooming rules to allow head scarves or beards.