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…
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…
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…
At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for…
Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others. On paper, it didn’t sound good for…
Suppose your company hires a black man only to fire him less than a year later. If the man claims that his race motivated the termination decisions, would arguing that the same person made both employment decisions create a viable defense? It’s called the “same-actor inference.” As a New York…
A federal appellate court recently ruled that a university did not have to accommodate the disability of a professor seeking tenure by relaxing the tenure requirements or giving her a second chance to satisfy them. It’s a reminder that employers can require individuals to perform the essential functions of the…