The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets forth the legal standards applicable to harassment claims under federal law and provides
HR Defense
Akerman Insights on the Latest Developments in Labor and Employment Law
The HR Defense blog, published by Akerman LLP, focuses on legal developments and compliance issues related to human resources and employment law. It covers topics such as visa policies affecting workforce management, enforcement priorities of the Equal Employment Opportunity Commission (EEOC), employee leave laws including safe and sick time requirements, and the legal implications of using artificial intelligence in hiring practices. The blog addresses regulatory changes, litigation risks, and practical guidance for employers to navigate complex HR legal landscapes, including immigration, discrimination, workplace accommodations, and emerging technology compliance.
Latest from HR Defense - Page 12
Fifth Circuit Inches Adverse Employment Action Marker Closer to Title VII Goalpost, But Potentially Punts to Supreme Court for the Ultimate Decision
Title VII prohibits discrimination against an individual with respect to their compensation, terms, conditions, or privileges of employment, based on certain protected characteristics, but how material must an adverse action or change in status be? Title VII does not define…
Alert: The 2022 EEO-1 Collection Period Will Begin October 31
EEO-1 reporting season will soon be upon us. As we previously wrote, the 2022 EEO-1 reporting deadline has been a moving target. Almost since its founding in the 1960’s, the Equal Employment Opportunity Commission (EEOC) has collected data from employers…
Cemex Construction NLRB Decision
It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue a bargaining order…
As School Bells Ring, Employers Should Review School-Related Activities Leave Policies
Another school year is upon us, which means employers around the country should study up on school-related activities leave policies. While there is no federal law mandating that employers give employees time-off to attend school-related activities for their children,…
Baby on the Way!… And So Are Accommodations for Pregnant Workers
Pregnant workers seeking workplace accommodations can expect a less bumpy ride ahead, due to the delivery of the Pregnant Workers Fairness Act (PWFA). The PWFA protects employees and applicants who have known limitations relating to pregnancy, childbirth, or a related…
Back to the Future: Employers Must Buckle Up for a Return to the NLRB’s New (Old) Standard for Workplace Rules
Employers, whether they have unionized employees or not, must navigate the aftermath of another change in the ever-evolving landscape of labor law. A recent National Labor Relations Board (NLRB or Board) decision has sent ripples through the realm of employer…
Zooming In On The I-9: Five Things Employers Need To Know About Remote Immigration Verification
In July, the United States Department of Homeland Security (DHS) announced its long-awaited modernization of the I-9 Employment Eligibility Verification process. The new rule became effective August 1, 2023, and allows eligible employers to utilize an alternative process for I-9…
No More Two-Stepping for Court Certification of FLSA Collective Actions: The Sixth Circuit Leaves the Rodeo
Courts have been dancing away from the two-step process for certification of collective actions under the Fair Labor Standards Act (FLSA), and the 6th Circuit is the latest to join the trend. In a recent decision that could have significant…
Faith at Work and the New Sacred Balance: Understanding the More Stringent “Undue Hardship” Standard
Employers evaluating religious accommodations under Title VII are now required to strike a new balance due to the U.S. Supreme Court’s recent clarification of what constitutes an “undue hardship.” Employers should promptly reassess the factors they use to weigh the…