Update: The EEOC voted 2-1 along party lines to rescind the 2024 Enforcement Guidance on Harassment in the Workplace in its entirety. The EEOC’s objections to the guidance primarily related to the sections of the guidance regarding harassment based on sexual orientation and gender identity, including with respect to preferred pronouns and bathroom access. However
While the EEOC had a quiet 2025 due to its lack of a quorum (only two of five commissioners) and the lengthy government shutdown, there is potential change on the horizon. One area of interest for the EEOC is its Enforcement Guidance on Harassment in the Workplace issued in 2024. We blogged about that 2024
When did you last update your employee handbook? With the end of the year nearing, now is a good time. Your policies should provide clear guidelines to your workforce about what you expect of them. Policies should also be a guide to HR regarding complaint procedures, discharge procedures, and even investigations if those are a
“I’m speaking my mind because I have a right to free speech.” We’ve all heard that haven’t we? In the words of Lee Corso: “Not so fast, my friend.” The First Amendment gives protection from governmental action. So, in most circumstances, federal, state, and local government employers (i.e., public employers) cannot take action against employees
Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168 directing the EEOC to rescind portions of the guidance; however, the EEOC took no action because it
As everyone in Human Resources knows by now, the Pregnant Workers Fairness Act (PWFA) requires employers to reasonably accommodate employees because of pregnancy and conditions related to pregnancy. In case you missed it, we blogged about this here. The EEOC has filed lawsuits to enforce employee rights under the PWFA and has settled cases
As you know, there’s been a frenzy around DEI initiatives this year in the of wake President Trump’s executive orders regarding diversity, equity, and inclusion programs. We addressed the executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” here, and our Bradley colleagues in the Government Contracts Practice Group weighed in on DEI
What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and other mental or physical information about the wearer, which has led some employers to require their employees to wear
With inclement weather, snow flurries, and ice in the forecast, we thought it was best to dust off the old blog post and remind you about best practices to address weather-related issues when paying employees. We hope you all stay warm and safe. As always, your priority should be safety for your employees. Here’s a
Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the different theories of liability, but the court also provided a good refresher on “sex-plus” discrimination, or discrimination based