An employer’s statements about a successful job candidate’s “minority status, the American Dream, and the value of diversity” were not enough to show that it discriminated against an unsuccessful white candidate, ruled a New Jersey federal court recently. Continue reading
The Americans with Disabilities Act prohibits discrimination against “qualified individuals with disabilities.” A qualified individual can perform the essential functions of their job with or without accommodation. While not the be-all-and-end-all, an employer’s business judgment about what job functions are essential carries substantial weight under the ADA. Still, courts often consider whether a particular job function is essential on a case-by-case basis.
Last night, I read a federal court opinion highlighting three ways employers and their managers can create uncertainty about which job functions are essential. Continue reading
It may be as easy as listing the essential functions of the job. Continue reading
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days.
A bill introduced this week in the NY City Council would require employers to provide employees paid sick leave for pet care.
A recent Eleventh Circuit decision serves as a sobering reminder to employers why a plausible claim — a mere inference of bias – is all it takes for a plaintiff to pursue discrimination claims. Continue reading
Last year, the EEOC published a resource to help employers avoid bias claims from using artificial intelligence. Earlier this month, the U.S. Department of Labor released its AI Principles and Best Practices guidance for employers and developers. Continue reading
When an employee complains about discrimination or unethical business practices, there’s often a concern that they’ll construe any subsequent adverse employment action as retaliation. Continue reading
On Friday afternoon, the Federal Trade Commission notified a federal judge in Texas who had previously entered a nationwide injunction against its sweeping noncompete ban that the agency would appeal her decision to the Fifth Circuit Court of Appeals. Continue reading
The Employer Handbook Blog