The Employer Handbook Blog
Hereâs the thing. When a plaintiff asserts a disability discrimination claim against a current or former employer, one of the elements of the claim is establishing ⊅
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When an employer points out actual performance problems, it’s probably not a pretext for discrimination
the risk of following a similar path by documenting performance issues, communicating them to employees, and following your policies and procedure (e.g., progressive discipline if you have it) so that…
Four federal agencies are prepared to throw cold water (and lawsuits) at employers who abuse artificial intelligence
a report evaluating the use and impact of AI in combatting online harms identified by Congress. The report outlines significant concerns that AI tools can be inaccurate, biased, and discriminatory by design and…
Take it from the feds (literally!). Here are 12 EEOC-recommended ways to LEVEL-UP your company’s anti-harassment efforts.
to help resolve a Charge of Discrimination. After completing my service, I chilled out with a copy of the EEOCâs new technical assistance document, âPromising Practices for Preventing Harassment in…
When employees claim that your company failed to pay their overtime, you win if your company does this.
The Fair Labor Standards Act requires employers to pay covered nonexempt workers overtime pay at a rate not less than one and one-half times the regular rate of…
A new bill in Congress would protect civil rights at work from religious freedoms
reintroduced the Do No Harm Act, which the bill sponsors claim will âaddress the increasing use of religious freedom as a justification to undermine civil rights protections.â The legislation comes…
Wait, what? Court says ‘good fit’ isn’t necessarily code for discrimination or retaliation.
prevail on her retaliation claims, a plaintiff must offer sufficient direct and indirect evidence of retaliation or proceed under a burden-shifting method. Telling someone they arenât a good fit is…
Close counts in horseshoes and accommodating individuals with disabilities at work
…or to enjoy equal benefits and privileges of employment. So the accommodation need not be perfect (or the precise accommodation that an employee requests), but it should be effective. Here,…
400,000 reasons not to have this pregnancy policy in your workplace
categories until they obtain those doctorsâ notes, according to the EEOC. On top of paying $400,000, the employer must stop denying pregnant workers job modifications available to other similar employees…
NJ’s new WARN Act Amendments are now in effect (as of April 10, 2023)
Millville Dallas Airmotive Plan Job Loss Notification Act, also known as New Jerseyâs Mini WARN Act). They took effect on April 10, 2023. You can read a summary of the…