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Employment Law

Gender dysphoria considered ADA disability

09/08/2022
For the first time, a federal appeals court has ruled that the ADA’s definition of disability includes a condition known as gender dysphoria.

NLRB proposes worker-friendly joint-employer rule

09/08/2022
The National Labor Relations Board on Sept. 6 released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act.

Leave medical history out of hiring and firing decisions

09/01/2022
Remind supervisors never to consider an applicant’s or employee’s medical history when making hiring, firing or other employment decisions. That’s true even if a worker’s medical condition may cause health insurance premiums to rise or result in frequent absences.

Conduct audit to assess balanced workplace

09/01/2022
Discrimination lawsuits can pop up from out of nowhere. That leaves HR scrambling to prove there has been no inadvertent discrimination. Prepare to do better.

Judge: Florida’s ‘anti-woke’ law can’t limit DEI training

08/30/2022
A federal judge has blocked Florida from enforcing part of a new state law that aimed to limit workplace anti-discrimination training.

Swearing at work: When is it considered harassment?

08/18/2022
According to one survey, 57% of American employees admit to swearing at work. But where is the line between swearing as harmless workplace banter and swearing as harmful, unlawful harassment?

Employee sleepwalks into co-worker’s hotel room: Do you terminate or accommodate?

08/18/2022
Here’s one they probably didn’t teach you in HR school…

Be wary of bias against childless employees

08/18/2022
The percentage of Americans who are childless by choice is growing—and that could soon trigger more resentment and legal issues in your workplace.

Beware removing effective disability accommodations

08/18/2022
Many ADA accommodations are cheap, effective and easy to implement. If one of these simple accommodations seems to be working, think twice before withdrawing it unless you have a rock-solid business reason for doing so.

Periodically monitor remote workplaces

08/18/2022
If you have scattered workplaces, be sure to regularly check to make sure they’re not hotspots for problems like sexual or racial harassment. This is especially true for sites that may still embrace a “boys will be boys” attitude—and where front-line supervisors may turn a blind eye to unacceptable and illegal behavior.