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In October 2023, the U.S. Equal Employment Opportunity Commission voted to propose new Guidance on workplace harassment, the first voted document the EEOC had issued on harassment since its “Enforcement Guidance on Vicarious Liability for Unlawful Harassment by Supervisors” in 1999.

Yesterday, after receiving approximately 38,000 comments on its proposal, the EEOC published its final Guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace.” Continue reading

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You still have time to register (here) for The Employer Handbook Zoom Office Happy Hour, which returns today at Noon ET. My Pierson Ferdinand employment law partners, Ben Jacobs and Amy Epstein Gluck, will join me to discuss the FTC’s plan to ban most employee noncompetes and explore the Department of Labor’s proposed increase to the salary level for overtime exemptions.

See you soon!

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From the time it proposed regulations to implement the Pregnant Workers Fairness Act to when it issued a final rule earlier this month, the U.S. Equal Employment Opportunity Commission received approximately 54,000 comments urging it to exclude abortion from the definition of “pregnancy, childbirth, or related medical conditions.”

The EEOC did not oblige.

And now, 17 states are suing. Continue reading

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In January 2023, the Federal Trade Commission (FTC) proposed a rule generally prohibiting employers from imposing noncompetes on their workers. In the following year and change, the federal agency received more than 26,000 comments on the proposed rule, with over 25,000 comments supporting the FTC’s proposed ban on noncompetes.

Yesterday, the FTC voted 3-2 in favor of a final Noncompete Rule imposing a comprehensive ban on new noncompetes with all workers, including senior executives. Continue reading

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In 2013, a healthcare provider hired a white man—let’s call him plaintiff—as its Senior Vice President of Marketing and Communications. And he crushed it, receiving strong performance reviews and gaining national recognition for himself and the marketing program he developed.

And then, seemingly out of nowhere, he was fired. Continue reading

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You can still register here to join us today, April 19, 2024, at Noon ET. Along with my partner, Amy Epstein Gluck, I will discuss the final rule that the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the Pregnant Workers Fairness Act (PWFA), released earlier this week.

Among the topics we’ll cover: Continue reading

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Suppose an employer transfers an employee, and that employee believes that unlawful bias fueled the decision. Does that transfer have to significantly disadvantage that employee to give rise to a discrimination claim under Title VII of the Civil Rights Act of 1964?

Continue reading

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