In October, I blogged about the Supreme Court’s decision to weigh in on whether a heightened standard should apply when heterosexual workers, white men, or any employees in a majority group claim discrimination at work. The case has garnered significant attention due to its potential impact on workplace discrimination laws.…
Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in…
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) recently released new information to assist healthcare providers in helping their patients secure pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA). Although healthcare providers are the intended audience, human resources professionals are pivotal in ensuring compliance…
The facts from a recent Sixth Circuit decision are WILD! A finance manager at a luxury car dealership requested FMLA leave to care for her terminally ill sister, who was battling non-Hodgkin lymphoma. The employer denied her request, asserting that the FMLA did not cover leave to care for an…
Back by popular demand. I see that Friday’s post threw some of you for a loop. Perhaps you were always told (or just assumed) that if your business has employees working from home in another state, then that state’s law would apply to some or all claims they may have…
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely…
In a move that will swing the pendulum from union-to-business friendly faster than some expected, the Senate yesterday narrowly voted against advancing President Joe Biden’s nominee, Lauren McFerran, the current Chairman of the National Labor Relations Board (NLRB), for another term. The vote was 49-50, with independent Senators Joe Manchin…
Think you can sue your employer for not hiring you because you tested positive for cannabis? Think again. The Third Circuit just made it clear that New Jersey’s recreational marijuana law does not provide job applicants with a private cause of action. The plaintiff, who applied for a job with…
It happens when an individual—a job applicant or current employee—is “regarded as having a disability” under the Americans with Disabilities Act. I’ll give you an example. Let’s say you hire someone online and sight unseen for a customer-facing position like a cashier or a salesperson at a department store. That…
Last month, a federal appellate court concluded that training delays, a denied vacation request, and a transfer to a different shift that interfered with the plaintiff’s childcare arrangements could all support a discrimination claim—even though the plaintiff never lost his job. It could be the new normal since the Supreme…