In light of the many high-profile news stories involving sexual harassment, employers are cognizant of the need to update policies, improve investigation procedures, and conduct training. However, there is more going on than meets the eye. Several states have proposed
The EPL Advisor
The EPL Advisor, published by Jackson Lewis P.C., focuses on employment practices liability and workplace law issues. It covers topics such as discrimination claims, accommodation requirements under the ADA, wage and hour compliance, workplace safety, and evolving legal standards related to COVID-19. The blog also addresses regulatory updates from agencies like the EEOC, litigation trends, and practical guidance for employers on managing employee relations, compliance with labor laws, and handling workplace investigations. It provides insights into multi-state and industry-specific employment law challenges, including leave management, religious accommodations, and privacy concerns in the workplace.
Latest from The EPL Advisor - Page 11
Be Prepared: Changes to Workplace Wellness Programs Coming in 2019
Though still a year away, employee health plans are in for significant change beginning January 1, 2019. This modification is the result of a longstanding argument about plan administration. In October 2016, the AARP sued the Equal Employment Opportunity Commission…
2018 New Year’s Resolutions for Lowering Risks of Employment Litigation
Some times, small steps can have a big impact in defending employment-related litigation. For a few tips to start the new year click here
Listing Essential Function in Job Description Essential to Defeat ADA Claim
The Eleventh Circuit Court of Appeals recently vacated the lower court’s grant of summary judgment that dismissed a disability discrimination claim brought by a female police detective. Years earlier, the detective suffered a “small heart attack” that the Police Department felt…
Litigations Filed By EEOC Increased In FY 2017 Despite Reduction In Number of Charges Filed
According to the U.S. Equal Employment Opportunity Commission’s annual Performance and Accountability Report (PAR), the EEOC filed more than double the number of discrimination lawsuits against employers in FY 2017 than in F^2016. The Agency filed 184 lawsuits in FY…
Tips For Conducting Year-End Performance Evaluations
Holiday parties aren’t the only thing your employees are buzzing about this time of year – ‘tis the season for year-end performance evaluations! Performance evaluations, when used properly, are a powerful tool for constructive feedback and support for favorable and…
Refusal By Employer to Remove Letter of Reprimand from Employee’s Personnel File Creates Viable Claim for Retaliation
In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity Commission, and the consequent loss of a…
Rescinding Termination May Not Defeat Retaliation Claim
Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon. The Court’s ruling permitted a plaintiff’s retaliation claim to survive…
Seventh Circuit: Multi-Month Leave of Absence Not a Reasonable Accommodation under the ADA
Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft, Inc., that an employee’s request for…
The Weinstein Effect: Importance of Anti-Harassment and Anti-Discrimination Training
It seems as if a report of workplace sexual harassment or sexual battery is published nearly daily. While the media focuses upon notable public figures, workplace harassment can occur at any company. In many of those reports, it seems that…