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Employment Law

Pulling accommodation? You need a business reason

09/08/2022
It can be legally risky to withdraw an ADA reasonable accommodation that has been previously approved and implemented. However, it’s not impossible—if the employer can demonstrate a solid business reason why the change was necessary.

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.