Articles

Following the increased interest in diversity, equity and inclusion (DEI) initiatives in the context of the murder of George Floyd and the #BlackLivesMatter movement, we warned employers to be careful about rushing into anti-discrimination initiatives, like diversity hiring quotas, that could, in fact, violate Title VII. We reiterated this warning […]

This month, the U.S. Court of Appeals for the D.C. Circuit issued several opinions that provide some guidance to employers on the issue of unlawful surveillance of union members or supporters under the National Labor Relations Act. The Rule on Surveillance. The Act prohibits employers from engaging in or creating the […]

What happened, and what does that mean for employers elsewhere? Following passage of the Pregnant Workers Fairness Act (as part of the Consolidated Appropriations Act of 2023), Texas sued to enjoin the law. On February 27, 2024, in State of Texas v. Garland, a federal district court in Texas ruled […]

It’s been a long pandemic (and for those of you who are interested, the World Health Organization says that the pandemic is still ongoing, although it no longer constitutes a global public health emergency). As the virus has morphed, we’ve come a long way from the early, all-too-deadly days of […]

A recent announcement from the Equal Employment Opportunity Commission warns employers to be thoughtful about any routine use of physical examinations. The EEOC found that a company provider of housekeeping, food and facilities support violated the Americans with Disabilities Act (ADA) in its use of a so-called Essential Functions Test […]

Employers can become frustrated with employees who constantly complain about every little thing (often in a rude manner) and end up brushing off the complaints. They may even terminate the employee for their “inappropriate” communications. But a recent case from the U.S. Court of Appeals for the Sixth Circuit highlights […]

In a case under the Sarbanes-Oxley Act but applicable to certain other federal whistleblower laws, the U.S. Supreme Court held that, in order to establish a retaliation claim, a whistleblower must prove that their protected whistleblowing activity was a contributing factor in the employer’s decision to take an adverse employment […]

This question has been subject to litigation in a years-long case that we previously discussed in our January 2022 E-Update. At that time, the U.S. Court of Appeals for the 2nd Circuit affirmed in part and vacated in part a preliminary injunction that gave the employer sole control of the […]

Some employers, particularly larger ones, may have or may be interested in the creation of employee groups to identify workplace issues and propose solutions. Unfortunately, unless carefully handled, such groups could constitute “labor organizations” under the National Labor Relations Act, and an employer’s authority over such groups could constitute unlawful […]

The U.S. Court of Appeals for the 4th Circuit issued an opinion that provided much useful guidance on an employer’s obligations under the Americans with Disabilities Act, including reasonable accommodations, discrimination, and retaliation. What the ADA Requires: The ADA prohibits employers from discriminating against qualified individuals based on their disability, […]