Title VII of the Civil Rights of 1964. So, let’s clear this up. A retaliation claim has three elements: a protected activity, such as an internal complaint of discrimination; (2)…
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Hey, HR! Avoid the same mistake that this HR Department allegedly made when responding to an employee’s complaint.
An employer recently learned the hard way that a proper response to an employee’s complaint of harassment involves more than simply investigating it. I’ll explain. Last night, I…
Must an employer accommodate an employee who won’t use transgender names and pronouns?
dissenting EEOC Commissioner, is the EEOC’s position that misgendering an employee, e.g., by consistently using the wrong pronouns, can violate Title VII. The EEOC’s position has legal support. For example,…
DOL to Employers: Using artificial intelligence does not excuse compliance with the FLSA and FMLA
…work hours, optimize employee performance, and administer leaves of absence does not excuse compliance with the laws that the WHD enforces, namely, the Fair Labor Standards Act and the Family…
The EEOC has finalized its new workplace harassment guidance
In October 2023, the U.S. Equal Employment Opportunity Commission voted to propose new Guidance on workplace harassment, the first voted document the EEOC had issued on harassment since…
Must employers excuse workers with strong religious beliefs from respect-in-the-workplace training covering LGBT topics
the U.S. Equal Employment Opportunity Commission will address failure-to-accommodate claims under the Supreme Court’s new religious accommodation standard established last year in Groff v. DeJoy. In Groff, the Supreme Court held…
Court to Labor Board: Your “misguided attempt to find a labor-law violation” is “nonsense”
lunch break, a delivery driver covered an onboard camera in his company truck. So his supervisor texted him once not to cover the camera. That’s it. But the union filed…
Some complaints of sexual harassment aren’t protected at all
Suppose an employee gets fired after complaining about sexual harassment at work. If that person later claims retaliation, they will have to establish a nexus between the two…
Folks, misgendering an employee can be severe and pervasive enough to create a hostile work environment.
…position and need to command respect from inmates, they disobeyed and undermined him. And this harassment came from all fronts—supervisors, subordinates, and peers alike— despite his repeated complaints to his…
“This case illustrates why the Americans with Disabilities Act (ADA) exists.”
could reapply after 60 days per company policy. The employee eventually underwent surgery. That same day, his mom drove him to work to get his paycheck. At the corporate office,…