February 2023 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS Baby Steps – The EEOC Offers a Little Guidance on the New Pregnant Workers Fairness Act Congress enacted the Pregnant Workers Fairness Act as part of the most recent federal omnibus funding bill. The Equal Employment Opportunity Commission has […]

As we previously discussed in our August 2022 and September 2022 E-Updates, the OFCCP is planning to release certain demographic data from contractor EEO-1 Reports from 2016-2020 in response to a specific Freedom of Information Act request (Component 2 pay data has not been sought), but has extended the deadline […]

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS NLRB Prohibits General Non-Disparagement and Confidentiality Clauses in Severance Agreements In a disturbing case applicable to all employers – union and non-union alike – the National Labor Relations Board asserts that severance agreements may not contain general non-disparagement or […]

The U.S. Court of Appeals for the Ninth Circuit found that employers who provide paid leave for short-term absences may be required to provide similar paid leave for short-term military purposes under the Uniformed Services Employment and Reemployment Rights Act. USERRA requires employers to provide employees on military leave with […]

Although the U.S. Court of Appeals for the Tenth Circuit asserted that a flawed investigation is not enough, on its own, to support a claim of discrimination, we caution employers to be thorough and impartial in investigations in order to avoid such arguments. In Markley v. U.S. Bank National Association, […]

The U.S. Court of Appeals for the Second Circuit recently reiterated that multiple incidents – including those that may be “facially neutral” – must be considered as a whole in support of an employee’s race discrimination claim. In Williams v. New York City Housing Authority, an African-American housing manager (who […]

The U.S. Court of Appeals for the Fifth Circuit found that the employee’s overwhelming qualifications supported her race discrimination claim and undercut the school district’s asserted primary reason for selecting another candidate: that the employee would not remain in the principalship position for long. In Watson v. School Board of […]

In celebration of the 30th anniversary of the Family and Medical Leave Act, the federal Department of Labor has launched an FMLA webpage with new and updated resources. The webpage contains the following categories: General Guidance, Fact Sheets, Forms, Other Resources, Interpretive Guidance (which further links to the new Opinion […]

The federal Department of Labor has launched an effort to educate workers about the new Providing Urgent Maternal Protections for Nursing Mothers (“PUMP”) Act. As we discussed in our December 2022 E-Update, the PUMP Act expands the existing lactation accommodations for nursing mothers under the Fair Labor Standards Act (FLSA) […]