Discrimination and Unlawful Harassment

Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity

December 20, 2024 | by Eric B. Meyer

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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 compliance with federal employment discrimination laws. Here, I’ll summarize the key points of the fact sheet and offer some essential takeaways for HR professionals.

What HR should know about the EEOC’s New Guidance on the Pregnant Workers Fairness Act (PWFA) for Health Care Providers

December 19, 2024 | by Eric B. Meyer

noun-obgyn-6575449-1024x1024 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 with employment laws and fostering an inclusive workplace environment.

Here’s what HR professionals need to know about the EEOC’s latest guidance.

Let’s revisit Friday’s post about what state’s laws apply to a remote NJ worker’s employment claims

December 16, 2024 | by Eric B. Meyer

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Can out-of-state remote workers handpick the most favorable state employment laws for a lawsuit?

December 13, 2024 | by Eric B. Meyer

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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 from another state does not necessarily entitle employees to the protections of that state’s laws. This case serves as a critical reminder of the complexities surrounding jurisdiction in employment law. Continue reading

How can an individual without an actual disability still have an ADA claim?

December 10, 2024 | by Eric B. Meyer

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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. Continue reading

Can an employee sue for discrimination because of a denied PTO request? (Spoiler alert: yes.)

December 9, 2024 | by Eric B. Meyer

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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 Court’s decision in Muldrow v. City of St. Louis, Missouri. Continue reading

Join me and my friends on Wednesday, December 11 for HR Festivus. (And it’s free)

December 6, 2024 | by Eric B. Meyer

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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 HRCI/SHRM credit, although one of you will have to supply the Festivus Pole.

Did I mention it’s free? The other HR Festivus sessions, which kick off at 11:30 a.m., are also free. You can read the full agenda here. Although I’m not holding out for Jake Paul/Mike Tyson money, watching me compete in the feats of strength will cost you. Ah, who am I kidding? HR would spit out their coffee, and Amy would beat me like Paul did Tyson.

You can register here if you’d like to attend any or all of HR Festivus, the HR holiday you didn’t know you needed.

Three lessons for employers from Lizzo’s employment litigation

December 4, 2024 | by Eric B. Meyer

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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 the defendants. Continue reading

Can companies exit bias lawsuits by arguing that the same person hired and fired the plaintiff?

December 3, 2024 | by Eric B. Meyer

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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? Continue reading

The ADA does not require do-overs or relaxing important job requirements to accommodate individuals with disabilities

December 2, 2024 | by Eric B. Meyer

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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 job and can refuse to promote (or hire) individuals who cannot meet the position’s requirements.