June 2021 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS Supreme Court Finds Employee’s Misuse of Authorized Access Does Not Violate Computer Fraud and Abuse Act In a criminal case with employment implications, the U.S. Supreme Court ruled that there is no violation of the Computer Fraud and Abuse Act (CFAA) when an employee […]

TOP TIP: Supreme Court Case Reminds Employers to Comply with FCRA’s Technical Requirements

In another non-employment case with employment impact, the U.S. Supreme Court reiterated that only a plaintiff who has suffered concrete harm may bring suit for damages under the Fair Credit Reporting Act (FCRA) – the federal law governing background checks, including for employment purposes. Nonetheless, this case serves to remind employers of the need to […]

NLRB Says Solicitation of Mail Ballots is Objectionable Conduct, Could Negate Election Results

The National Labor Relations Board (NLRB or the Board) held that solicitation of mail ballots is objectionable conduct during a NLRB-conducted election. The Board further held that an election would be set aside if the evidence establishes that a party’s ballot solicitation affected a determinative number of voters – i.e., a number of voters greater […]

ADA Reasonable Accommodations Need Not Violate the Law

Confirming perhaps an obvious point, the U.S. Court of Appeals for the Second Circuit held that “a binding federal regulation presents a complete defense to an ADA [American with Disabilities Act] failure-to-accommodate claim.” In Bey v. City of New York, Black firefighters with a skin condition that causes pain and scarring with shaving sought an […]

Lack of Consistency in Applicant Interview Criteria May Support a Discrimination Claim

Employers should be careful to ensure that their interview processes, including the interview criteria, are consistent, as the U.S. Court of Appeals for the First Circuit recently emphasized. In Taite v. Bridgewater State University, an applicant sued the University for race discrimination and, in support of her claim, offered evidence that different interview criteria were […]

An Assistant to Perform Essential Functions Is Not a Reasonable Accommodation

Under the Americans with Disabilities Act, an employer is not required to provide an assistant to perform an employee’s essential job functions, as the U.S. Court of Appeals for the Fifth Circuit recently noted. In Thompson v. Microsoft Corporation, the employee, who had Autism Spectrum Disorder, sought various accommodations, including an assistant to assist with […]