On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit held that gender dysphoria could qualify as a disability under the Americans with Disabilities Act (ADA). (Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022)
Closer to Normal? CDC Guidance Revisions Provide Employers More Flexibility
The Centers for Disease Control (“CDC”) announced major changes to its COVID-19 guidance on August 13, providing additional flexibility for employers seeking a return to normal operations after the pandemic.
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Labor Unions and the Workforce: What’s Trending and How to Get Out in Front (Video)
Labor unions seem to be having a resurgence after being on the decline for many years. Employers are concerned with this shift, and are wondering what they can do within the bounds of the law to keep a direct relationship
OFCCP Announces Notice of Widespread Request for Contractors EEO-1 Reports and Opportunity to Object
According to OFCCP, on June 2, 2022, the Center for Investigative Reporting sent OFCCP a request for the disclosure of
. . .Type 2 EEO-1 reports for all federal contractors, including first-tier subcontractors, from 2016-2020….
The Center for Investigative
DON’T IGNORE IRS ESRP NOTICES!
Employers continue to receive nastygrams from the IRS threatening “Employer Shared Responsibility Payments” (ESRP). These penalties are assessed against an employer that doesn’t offer compliant, affordable group health coverage to a sufficient percentage of its employees when an employee who
California Legislature Pushes for More Pay Transparency
California enacted its Pay Data Reporting law in 2020 as a response to the Trump Administration ordering the EEOC to halt its annual pay data collection. The California law largely mirrored the federal law but instead required private employers who
Employers Shouldn’t Monkey Around When It Comes To MonkeyPox
What do employers need to think about when it comes to monkeypox?
Declared as a public health emergency earlier this month, I can see the collective thought bubble in the minds of employers when they contact employment counsel to discuss
Best Lawyers Selects Clouse Brown Founders for 2023 Recognitions
Keith Clouse and Alyson Brown, founding partners of Clouse Brown, have both been named to the 2023 list of The Best Lawyers in America for their achievements in multiple categories of employment law.
Together, they were recognized for
The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation for Employer’s Actions
By Rachel A. Duboff and Erin Dougherty Foley
Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it credible.
The Eighth Circuit’s recent