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Employment Law

Ask these questions to determine what’s an essential function

12/07/2022
Whether employers must provide a reasonable accommodation depends on whether a proposed accommodation allows the disabled employee to perform the essential functions of their job. If no accommodation is possible, the employee isn’t qualified and, therefore, not protected under the ADA. You don’t have to hire or retain him.

Bill would ban caregiver discrimination

12/06/2022
The Protecting Family Caregivers from Discrimination Act would prohibit employers from firing, demoting, mistreating, refusing to hire or taking other adverse employment action against workers who are caregivers for their loved ones.

Avoid expensive pregnancy bias mistakes

12/06/2022
Give up your seat on a train or bus to a pregnant or disabled person—please do so. Provide reasonable accommodations for pregnant or disabled people at work—in these instances, you better comply. In the case of Circle K, the penalty was $8 million.

Employer must pay whistleblower $22 million

12/02/2022
Don’t shoot the messenger! That’s the lesson the Occupational Safety and Health Administration taught employer Wells Fargo in a recent whistleblower retaliation case. Wells Fargo has been ordered to pay $22 million to an internal whistleblower who raised concerns that the bank may have been engaged in illegal practices.

New year, new laws: Update your compliance!

11/29/2022
States have new laws about human trafficking reporting, hair discrimination, family leave, wage transparency, artificial intelligence and surveillance.

Could affirmative action cases affect you?

11/29/2022
The Supreme Court is pondering two cases questioning affirmative action in university admissions.

Eli Lilly defeats age-discrimination claim

11/29/2022
A sales representative who alleged age discrimination did not produce enough evidence to show a pattern of age-based harassment at pharmaceutical giant Eli Lilly & Co.

Overtime for highly paid worker: overmuch?

11/29/2022
An employee paid $200,000 is suing for overtime, and the case is pending before the Supreme Court. Employment lawyers are watching this case carefully.

Change your passwords—again

11/22/2022
’Tis hacking season, but it’s always hacking season now. You can repeat password mantras until you’re blue in the face—don’t use the same ones, change them regularly—but employees will use the same ones and won’t change them regularly, because they’re human. Allow employees to choose their passwords, with clear guidance.

Who needs a drink? The EEOC is devout about religious accommodations

11/22/2022
With the holiday season fast approaching, be alert to religious accommodation requests.