Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees based on religion. As the EEOC points out, “the law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious,…
The Employer Handbook Blog
Was she requesting Family and Medical Leave Act leave or pitching a television show?!?
This will all make sense in a minute if you keep reading. The plaintiff is dealt a tough hand. As the Eleventh Circuit Court of Appeals put it in this decision I read last night, the plaintiff was “dealt a tough hand.” In less than a month, her father fell…
Is it sexual harassment to IMPLY that certain job benefits will require sexual favors?
Have you ever heard of quid pro quo sexual harassment? The U.S. Equal Employment Opportunity Commission says it occurs where employment opportunities or benefits are granted because of an individual’s submission to the employer’s sexual advances or requests for sexual favors. In those situations, the employer may be liable for unlawful…
Would you stop emailing and texting? Just pick up the damn phone for once instead!
If, like me, you deal with HR compliance and employment law issues regularly, you’ve yelled the title of this blog post at others. (And if you don’t deal with HR compliance and employment law issues regularly, dude, WTH are you doing here?) I thought of this last night as I…
Here’s how the feds will enforce pump at work protections for nursing workers
For over a decade, federal law has required most employers to provide a nursing mother with reasonable break time to express breast milk after the birth of her child for up to one year after childbirth. Last December, the PUMP for Nursing Mothers Act became law. The PUMP Act provides…
A new resource from the EEOC could help employers avoid bias claims from using AI
Yesterday, the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” which is focused on preventing discrimination against job seekers and workers. EEOC Chair Charlotte…
What to do if you face antisemitism at work
Yesterday, the EEOC released a new fact sheet on “What To Do If You Face Antisemitism at Work,” which, according to this survey, is a relatively common occurrence. Most of the fact sheet generally applies to any protected class. For example, the fact sheet states, “Title VII … prohibits workplace…
A Californian got fired for an ALL LIVES MATTER tweet and claimed … RELIGIOUS discrimination?!?
I’ll explain why a federal court determined the complaint of a sports radio talk show host failed to state a claim upon which relief could be based. On October 21, 2021, the plaintiff filed an employment discrimination and retaliation lawsuit against his former employer, contending that he was terminated due…
The public health emergency is over. So why is the EEOC issuing new COVID-19 guidance to employers?
On May 11, 2023, the federal Public Health Emergency for COVID-19 ended. However, the U.S. Equal Employment Opportunity Commission (EEOC) announced yesterday that “the end of the declaration does not change the requirements of the federal equal employment opportunity laws discussed in this publication.” So, the EEOC took the opportunity…
What happens when everyone in the same position is over 60 and gets fired?
Is it age bias? Or just business? In a decision I read last night, the plaintiff spent more than two decades working as a system technician for the defendant. According to the defendant, it made a business decision to terminate all employees holding the plaintiff’s position because of COVID-19 and…