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Employment Law

PWFA: Routinely grant requests for leave to attend pregnancy-related appointments

10/16/2024
EEOC rules implementing the Pregnant Workers Fairness Act say employers should routinely grant pregnant employees’ requests for time off to attend pregnancy-related medical appointments. It’s so clear-cut that one employer just quickly agreed to settle when the EEOC threatened to file a failure-to-accommodate lawsuit under the PWFA.

Tolerate boss’s racist behavior, retaliation? Prepare to pay millions in damages

10/16/2024
If you need a reason to stamp out workplace name-calling, discriminatory work assignments and retaliation, consider the massive punitive-damages award a jury recently granted to an employee who sued because of ongoing racist behavior by a supervisor.

Fed agencies by the numbers for FY 2024

10/15/2024
The EEOC, National Labor Relations Board and OSHA have released new statistics on their activities during federal fiscal year 2024, which ran from Oct. 1, 2023, to Sept. 30, 2024.

Ban numerical goals, quotas from efforts to diversify

10/15/2024
Studies show that employers with diverse workforces outperform homogenous organizations on such important measures as innovation, revenue and profitability. However, employers intent on fostering diversity must do it in a way that doesn’t discriminate against any specific group of applicants or employees.

Judge enjoins NLRB in-house trial over constitutional challenge

10/10/2024
The Supreme Court ruled that agency trials conducted by administrative law judges appointed by the agency violated the constitutional right to trial by jury. Since then, some employers have questioned the process that agencies like the NLRB use when charging employers with violating laws including the NLRA.

Disciplining for harassment? Ensure it’s even-handed

10/10/2024
When disciplining workers for harassing co-workers, make sure the punishment isn’t disproportionate and that you can show similarly situated workers were punished the same way.

Suspect FMLA abuse? Document suspicion

10/10/2024
If you think an employee has abused FMLA leave, documentation is crucial. For example, if medical certifications doubt whether the time taken is legitimate, save that documentation before you take disciplinary action.

Employers embrace pay transparency

10/10/2024
New laws in a growing number of jurisdictions now require some form of pay transparency from employers. The House of Representatives has introduced the Pay Transparency Act, which would amend the FLSA.

Modify ADA process in unique scenarios

10/10/2024
The ADA requires employers to reasonably accommodate disabilities—if the employee asks. But what if the employee is intellectually challenged and doesn’t understand they must initiate the ADA process?

Accommodate employees with gender dysphoria

10/07/2024
Although gender dysphoria affects relatively few people, it can have a profound impact on those who do have the condition. It can be accompanied by anxiety, depression, eating disorders and substance abuse.