…did not explicitly or implicitly complain about discrimination based on a protected characteristic. For the final example, let’s focus on the last element of a retaliation claim: the causal connection….
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Hey, HR! Avoid the same mistake that this HR Department allegedly made when responding to an employee’s complaint.
that the defendant had subjected him to a hostile work environment and ultimately terminated him in retaliation for filing complaints of racial discrimination. To prevail on a hostile work environment…
A new bill in Congress would uncap damages in federal discrimination lawsuits
can inflict long-lasting damage on workers, and it must not be tolerated.” For many of you, it may not matter. Many states and localities allow the award of compensatory and…
Man tests positive for marijuana, blames it on his lip balm, and doubles down with an ADA lawsuit.
Yesterday, I wrote about how the DEA’s move to ease restrictions on marijuana would change the ADA landscape for employers by requiring accommodations for employees with disabilities who…
With the DEA reportedly ready to ease restrictions on marijuana, the ADA landscape changes for employers
…with state law. According to the AP, once OMB signs off, the DEA will take public comment on the reclassification. After the public comment period and a review by an…
DOL to Employers: Using artificial intelligence does not excuse compliance with the FLSA and FMLA
On Monday, the U.S. Department of Labor’s Wage and Hour Division published new guidance reminding employers that the use of artificial intelligence and other automated technologies to track…
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…
17 states sue to block the EEOC from greenlighting abortion leave under the Pregnant Workers Fairness Act
…law encompasses abortion.” Specifically, the plaintiffs allege that “a bare 3-2 majority of unelected commissioners at the Equal Employment Opportunity Commission (EEOC) seeks to hijack these new [PWFA] protections for…
Let’s have another Zoom on Monday, 4/29/24, at Noon ET to address the FTC’s noncompete ban and the DOL’s OT changes
What a week! On the same day that the Federal Trade Commission announced its plan to ban most employee noncompetes, the U.S. Department of Labor proposed increase to…
It’s official. The feds plan to ban most employee noncompetes. But is this fire or smoke?
agency received more than 26,000 comments on the proposed rule, with over 25,000 comments supporting the FTC’s proposed ban on noncompetes. Yesterday, the FTC voted 3-2 in favor of a final…