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Employment Law

Harassment because of sexual stereotypes can form basis for Title VII lawsuit

08/02/2017
Several cases currently making their way through the legal system test whether Title VII’s sex discrimination provisions cover discrimination based on sexual orientation. In the meantime, remember that harassment based on sexual stereotypes is already illegal.

Have objective hiring standards? Good! Now stick with them for all applicants

08/02/2017
If your organization has created standardized, objective processes for hiring or promotion, make sure you deviate from them as little as possible. Doing so without a good, contemporaneous explanation may result in expensive litigation.

Open-ended leave isn’t reasonable ADA accommodation, also won’t work on age bias

08/02/2017
A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.

ADA: No requirement to create brand-new job

08/02/2017
Disabled employees may be entitled to transfer to an existing and open position, but they have no right under the ADA or the Rehabilitation Act to demand a job be created specifically as an accommodation.

Beware body language discouraging FMLA

08/02/2017
Sometimes, a boss can cause big legal trouble without even saying a word. A sigh or negative look can be enough if the worker on the receiving end perceives the behavior as disapproval.

What’s the problem with checking social media accounts of applicants and employees?

08/02/2017
Q. I would like to ensure that all of the individuals working for us do not engage in morally questionable behavior. Since many people show their true selves on social media, not at work, can I check the social media profiles of applicants and employees?

DOL announces initiative to combat visa fraud

08/02/2017
Following a review of existing worker visa programs, Labor Secretary Alex Acosta has announced a push to combat visa fraud. He said the effort was intended to “increase protections of American workers,” while confronting employers that engage in visa fraud and abuse.

California’s FEHC proposes regulations on national-origin bias

08/02/2017
California’s Fair Employment and Housing Council has proposed new regulations that seek to expand and clarify the definition of national origin discrimination.

Being annoyed at work is no excuse to sue

08/02/2017
A federal appeals court has refused to reinstate a lawsuit based almost exclusively on complaints about common workplace annoyances.

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.