Update On June 17, 2024, a district judge in the Western District of Louisiana issued a partial preliminary injunction postponing the PWFA regulations’ requirement that employers provide accommodations for elective abortions of employees that are not necessary to treat a medical condition Continue Reading
EEOC Issues Guidance for Employers Regarding COVID-19 Vaccinations
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance regarding COVID-19 vaccinations in the workplace and how they may implicate the Americans with Disabilities Act (ADA) and other federal laws. In short, the ADA and related federal laws generally do not prohibit Continue Reading
Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination
The Bottom Line On June 15, 2020, the Supreme Court issued a landmark decision in a L.G.B.T. civil rights case that is important for employers to note, as it is likely to apply broadly to gender-based policies in the workplace. In one of the three cases decided by the Supreme Continue Reading
U.S. Department of Labor Finalizes Rule to Determine Joint Employer Status
The Bottom Line The U.S. Department of Labor’s (DOL) new rule governing joint employer liability for wage and hour violations under the Fair Labor Standards Act (FLSA) goes into effect on March 16, 2020. The rule is intended to clarify the circumstances under which more than one entity may be Continue Reading
Employers Need to Promptly Raise Plaintiff’s Failure to File Charges with the EEOC
The Bottom Line With Fort Bend, the Supreme Court has set limits on an employer’s ability to dismiss a Title VII claim when the employee failed to raise a parallel claim with the EEOC. The Fort Bend decision serves as a warning that employers should promptly conduct a careful review of a Title Continue Reading
EEOC Requires Employers to Collect and Submit Pay Data by September 30, 2019
Update The EEOC announced in September 2019 that it will not be collecting Component 2 data (i.e., pay and hours data) for the EEO-1 report after 2019, citing the administrative and financial burden on employers in complying with the requirement. The EEOC will continue its annual collection of Continue Reading
Second Circuit Rules That Title VII Prohibits Discrimination on Basis of Sexual Orientation
The Bottom Line The Zarda decision deepens the growing split between the circuit courts on the issue of whether discrimination based on sexual orientation is prohibited under federal law. It is now more likely that the U.S. Supreme Court will ultimately have to determine whether federal law should Continue Reading