Employment Discrimination Report

Discussions on Recent Legislation, Noteworthy Cases & Trends in Enforcement

Leave laws continue to be one of many jurisdictions’ top legislative priorities. If you are going to be in Chicago next week, maybe I can help you understand your obligations under various leave laws. I’m speaking at MAPI’s Benefits & Compensation in Manufacturing Conference on paid leave laws. Join me and other industry experts April 30-May 1 in Chicago for sessions and networking that will cover all aspects of benefits and compensation for manufacturers, including…
Often times when I am speaking to a client about an employee’s requested accommodation for a disability, we are talking about leave as that is often the request most difficult to accommodate.  Another one that gives employers fits is “light duty.”  But what about some other types of accommodations? A recent Pennsylvania case reminds employers that they may have to consider other types of accommodations as well.  Last week, a jury found that Premier Comp Solutions, Inc.…
With the prevalence of medical marijuana laws in this country, I routinely get asked by employers what are the rules where an employee has a medical marijuana card?  Can I still do pre-employment screening?  What if they are using at work?  Do I have to accommodate medical marijuana in the workplace? Get the answers to these and other questions at a free webinar I am doing in conjunction with the Manufacturers Alliance for Productivity and…
A new article in Bloomberg details an unusual (to put it diplomatically) strategy that some male executives in the financial sector are using to avoid claims of sexual harassment: No more dinners with female colleagues. Don’t sit next to them on flights. Book hotel rooms on different floors. Avoid one-on-one meetings. In fact, as a wealth adviser put it, just hiring a woman these days is “an unknown risk.” What if she took something he…
As 2018 winds to a close, the EEOC has released a report showing the agency has been a busy bee in 2018. As part of the EEOC’s 2018 Performance Accountability Report, the EEOC has made public a wide range of data regarding its activities for the 2018 fiscal year, which closed as of September 30th.  The agency has provided a snapshot of key statistics regarding its litigation and enforcement activities for the year: The EEOC’s…
Earlier this year, New Jersey enacted a law to protect breastfeeding employees and require employers to provide certain accommodations to breastfeeding employees. Notably, this law required reasonable accommodations as a general matter but also noted that reasonable accommodation “shall include reasonable break time each day to the employee and a suitable room or other location with privacy, other than a toilet stall, in close proximity to the work area for the employee to express breast…
It’s been a busy month for those keeping an eye on one of the most pressing questions in employment law:  whether Title VII, which prohibits sex discrimination in employment, also inherently prohibits discrimination on the basis of gender identity. Last week, the US Department of Justice argued to the Supreme Court that workplace discrimination on the basis of gender identity is legal.  However, the Department requested the Court delay deciding whether to hear an appeal…
Today is Tuesday, October 30th, 2018, marking less than a full calendar week until the polls open across the country for the 2018 elections.  (This, of course, doesn’t include the many states that offer some form of early voting.)  And while “midterm” elections such as this year’s have historically seen lower turnout, a mix of polling, analysis, and reporting suggests that the November 6th election will see particularly strong voter interest. This…
When I get asked about non-discrimination and harassment prevention in the workplace, a significant proportion of these questions focus on race discrimination and sexual harassment.  Still, employers should be mindful of other protected characteristics under federal and state law, even if charges and lawsuits on those bases are, statistically speaking, less frequent than others. While EEOC data show that charges alleging religious discrimination and harassment in the workplace constituted only 4% of charges received in…
Here at our Employment Discrimination blog, we’ve written about the intensifying focus on workplace sexual harassment, in light of the #MeToo movement, at the federal agency level.  Laws addressing workplace sexual harassment, however, aren’t the exclusive province of the federal government. Indeed, state and local governments have been quite active in addressing sexual harassment in employment.  The Minnesota Legislature, for example, is considering an amendment to the definition of sexual harassment to expand liability…