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Employment Law

No FMLA? Consider time off as ADA accommodation

07/08/2021
When an employee is ill but has no leave available, supervisors often tell them they must show up for work or else be fired. But firing her could be a huge mistake. She might have a disability that could be reasonably accommodated by offering unpaid leave.

Bias costs half the value of federal contract

07/08/2021
If your employer does business with the federal government, it is vitally important to ensure your workplace is free of discrimination—with the backing of strong anti-discrimination policies.

Supreme Court declines do-overs on anti-LGBT bias

07/08/2021
When the U.S. Supreme Court closed out its 2020-2021 term, it signaled that even with a 6-3 conservative majority, it has no appetite for revisiting culture-wars cases involving gender identity and sexual orientation.

Supreme Court limits union-organizing access

07/06/2021
The U.S. Supreme Court has handed employers a victory in the struggle to keep labor unions at bay, restricting the amount of time organizers can spend at worksites persuading employees to join a union.

ADA-like process helps accommodate religion

07/01/2021
Do you know how to handle a worker’s request for a religious accommodation? If not, a recently filed case offers a lesson on how to proceed. So does the process you usually follow to accommodate ADA disabilities.

EEOC issues new resources on LGBT bias

07/01/2021
The commission even developed a new acronym for bias against LGBT employees: SOGI, which stands for sexual orientation and gender identity discrimination.

Dems to control NLRB as Biden nominates two union-side lawyers

06/29/2021
David Prouty, currently general counsel of the Service Employee International Union’s largest local, would replace outgoing Republican NLRB member William Emanuel, whose term ends in August.

Snapshot: Vaccine status: Transparency vs. privacy

06/29/2021
Most employees want to know if co-workers have had covid shots … but don’t want to share if they themselves have been vaccinated.

High Court: Only 3 cases affected employers

06/29/2021
No case in this term rose to the level of last year’s Bostock v. Clayton County, a blockbuster decision that said Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender. However, these cases matter to employers.

Employees’ biometric data in the workplace: the legal do’s and don’ts

06/24/2021
Fingerprint scans for time cards … temperature screening for COVID … retina scans for security access. These increasingly common examples of biometric data also carry risks that employers should learn to mitigate.