Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating be the basis for a claim of pretext in an employment discrimination claim? The Seventh Circuit appears to say
“Tester” Results Are In! Supreme Court Ruling on ADA Accessibility Testers Proves Disappointing, But Not Useless
Nearly a year ago, we reported that the United States Supreme Court was planning to hear a case—Acheson Hotels v. Laufer—on whether “tester” plaintiffs in ADA accessibility cases have standing to sue, including in the increasingly popular website accessibility cases. Last month, the Supreme Court issued its opinion. While the opinion does…
The ‘New’ New Final Rule? DOL on Independent Contractors and the FLSA
Remember the 2021 Independent Contractor Rule? Well, forget it or at least most of it. Last week, the DOL published a new final rule for independent contractor status under the Fair Labor Standards Act (the New Rule). The New Rule rescinds the 2021 rule and provides guidance on how to analyze whether an individual should…
Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit
As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which certain violations earn an employee points that are reflected in their personnel record. Once an employee reaches a certain level of points…
What to Do When You Get an EEOC Subpoena
The EEOC has some new laws in its arsenal (i.e., the Pregnant Workers Fairness Act, the PUMP Act) and is likely to release new guidance on harassment. Keeping that in mind, we anticipate investigators will be interested in employer compliance with the new laws and will likely ask for evidence of such. For example…
Out with the Old? Not So Fast! A Quick Review of 2023 Highlights
2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top five blog posts from the year and the key takeaways from each.
Vax
…Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024
We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we cannot make employment decisions based on things that appear to relate to a candidate’s age. The EEOC’s…
Fly High (and Out of the EEOC’s Eye) by Updating Your Policies on Pregnancy Accommodation and Lactation
Everyone has been preparing for the recently enacted Pregnant Workers Fairness Act and the PUMP Act. Earlier this month the EEOC gave us another reason to make sure our policies are up to snuff. Frontier Airlines and the EEOC reached a settlement on claims filed in 2018 and 2019, which alleged that Frontier discriminates…
ADA Speed Bump Ahead: Steer Clear of Eliminating Essential Functions
When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because of a disability? A recently filed case, EEOC v. Alternate Solutions Health Network, et al., tees up…
No (Union) Shirt? No Problem: Fifth Circuit Strips Down NLRB’s Employee Uniform Rules
Can you enforce your uniform policy, even if that means an employee can’t wear a union t-shirt? Earlier this month, in Tesla, Inc. v. NLRB, the Fifth Circuit looked at that very question and ruled for Tesla.
Let’s face it — from UPS employees and Hollywood screenwriters and actors to auto workers and college…