May 2022 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS Roe v. Wade Is No More – Some Thoughts for Employers Although the Supreme Court’s decision overturning the constitutional right to abortion set forth in Roe v. Wade is not an employment case, there may be employment implications for […]

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS The DOL Issues Guidance on Mental Health and the FMLA Marking National Mental Health Awareness Month, the U.S. Department of Labor issued several resources addressing employee use of leave under the Family and Medical Leave Act for mental health […]

Many employers require certain of their employees to execute non-competition agreements as a condition of employment at the time of hire.  Similarly, in many business acquisitions, there is an agreement by the seller of a company not to compete with the purchasing business for a period of time.  While courts […]

On May 20, 2022, the Office of Federal Contract Compliance Programs published its latest Corporate Scheduling Announcement List (CSAL), identifying those supply and service contractors who have been selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, or Functional Affirmative Action Program Review. The CSAL functions as a […]

Although acknowledging the possibility, the U.S. Court of Appeals for the Fifth Circuit nonetheless found that a manager’s stated refusal to hire “tenured employees” was not direct evidence of age discrimination in this particular case. As the Fifth Circuit explained, comments will constitute direct evidence of discrimination when they are […]

Highlighting an interesting point in the analysis of a discrimination claim, the U.S. Court of Appeals for the Fifth Circuit stated that an employee must do more than prove the employer’s asserted justification for termination is false in order to sustain a discrimination claim – there must be evidence that […]

While the Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with health-related work restrictions, the employee must still be able to demonstrate that they can perform the essential functions of the job (including any job to which the employee might be transferred as part of the […]

The U.S. Court of Appeals for the Fourth Circuit recently reminded employers (and employees) of this principle when it rejected the claims that an employee failed to include in her charge of discrimination before the Equal Employment Opportunity Commission. Before filing a discrimination lawsuit in federal court, employees must first […]

Following her announcement of an initiative to ensure the rights of immigrant workers under the National Labor Relations Act (as discussed in our November 2021 E-Update), the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memo earlier this month that sets forth a new protocol for Board agents working […]