Tomorrow, I’ll be presenting “Weeding through the Haze: State and Federal Marijuana Laws and Implications” at the U.S. Equal Employment Opportunity Commission’s 2023 EXCEL Training Conference in Washington, DC. Between now and then, I’ll need to update my slide deck. That’s because, last week, Congressman Jamie Raskin (MD-08) and Congresswoman…
The Employer Handbook Blog
Yes, you must comply with the Temporary Workers’ Bill of Rights in New Jersey
In February 2023, the State of New Jersey enacted a law that a federal judge described as “novel and landmark legislation aimed at protecting a ‘particularly vulnerable’ workforce from abusive labor practices.” It’s called the Temporary Workers’ Bill of Rights. The judge described the Act as “impos[ing] a variety of…
Thank you, EEOC, for this new ADA visual disabilities in the workplace guidance document
Yesterday, the U.S. Equal Employment Opportunity Commission released a new technical assistance document called “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” Sure, you could read all 59 pages of it. Or I can digest it here for you in a few hundred words—your choice. (Thanks…
What state’s employment laws apply when a non-resident remote worker sues your business?
Last night, I read a New Jersey federal court opinion involving a woman who lived and worked remotely in New Hampshire for a company in New Jersey. She sued under New Jersey law, alleging she received less pay than certain male co-workers. The defendants moved to dismiss the action because…
Two United States Senators are about to introduce something called the “No Robot Bosses Act”
We began July with New York City starting to enforce its law that requires companies hiring with artificial intelligence to notify candidates, provide candidates with particular information about data collected and analyzed, and independently audit the technology. It’s all in the name of removing bias from the hiring process, which…
How do judges resolve “he-said/she-said” in discrimination cases?
TL;DR: They don’t. Here’s a longer explanation. There comes a time in most discrimination lawsuits when a defendant-employer will file a motion for summary judgment. By filing that motion, the movant is telling the court that there are no material facts in dispute and, if the court applies the well-settled…
Can labor unions be sued for sexual harassment? (Spoiler alert: Yes, and they are costly!)
When most people think of federal anti-discrimination laws like Title VII of the Civil Rights Act of 1964, they associate them with employees suing employers for things like discrimination, retaliation, and hostile work environments. But Title VII covers more than just employers. For example, Title VII outlaws any employment practice…
2.4 million reasons not to intentionally avoid hiring older workers
I was going to title this one: “Sorry, I’m pretty sure that’s not how diversity, equity, and inclusion works.” It’ll make sense in a second. Back in 2017, the U.S. Equal Employment Opportunity Commission caught wind that a senior vice president for human resources and diversity for a major pharmaceutical…
I found a case where an employee’s First Amendment rights were violated. Almost.
Let’s change up the facts from yesterday’s “free speech” blog post. Today’s plaintiff works for a public employer rather than a private one. She’s a lawyer running for political office. Instead of a racist Facebook post, the trouble brewed after she appeared on a public political podcast and stated that…
Wrongful termination? Freedom of speech? Bless her heart.
Today I bring you another example of how an employee does not forego their freedom of speech when working for a private employer. But, employees who speak out are not immune from the consequences of their speech either. In this case, racism. The plaintiff worked for six years as a…