If a letter from the EEOC is in your virtual mailbox but you never open it, have you received it? Most of us are familiar with the requirement that a claimant who files an EEOC charge has 90 days to file a lawsuit after receiving what is usually required a “right-to-sue” letter from the agency.
Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more easily. If those other people are of a different race or sex or other
For the past three years, Mississippi remained the only state in the country that did not have a bill prohibiting pay discrimination based on gender. This all changed on April 20, 2022, when Mississippi Gov. Tate Reeves signed House Bill 770, also known as the “Mississippi Equal Pay for Equal Work Act,” into law.
Guaranteed confidentiality with regard to employee disputes may be becoming a thing of the past if the current tide of legislation continues. As we blogged about several weeks ago, Congress just banned arbitration agreements for sexual harassment claims. Even more stringent than that new federal legislation, Washington and California have both recently passed a “Silenced
This week, the EEOC issued new guidance regarding pandemic-related caregiver discrimination. The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women so discrimination against caregivers often looks like sex discrimination. While the updated guidance is specific to COVID-19, is it packed full of good practices to follow regardless of the
There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s change of DOL rules, it can be hard to follow. This week, the Second Circuit Court of
For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed in on something that employers may not have yet considered: When does an employee’s COVID-19 become a disability under the Americans with Disabilities Act?
If you suspend an employee with pay, is that an adverse employment action? Funny you should ask as the Eleventh Circuit issued an opinion this week on this very subject. In this case, a former congressman sued his former employer, Legal Services Alabama, claiming that his suspension with pay during a pending investigation was race-based
Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some bright, shining blessings in what has otherwise been another difficult year. We are grateful
We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine? What kinds of medical questions can I ask my employees? Should employees still wear masks? How does COVID-19-related leave work? What do