On April 29, 2024, the Equal Employment Opportunity Commission issued its long-promised Enforcement Guidance on Harassment in the Workplace. The document updates and replaces existing EEOC resources on workplace harassment and unsurprisingly (under this pro-worker administration) takes a very broad approach to the topic. Of particular interest to employers, the EEOC also provides specific direction on what it would consider to be best practices for employers in preventing and addressing workplace harassment, including as to policies, training and investigations.Continue Reading The EEOC’s New Harassment Guidance: What Employers Need to Know
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New Employment Laws in Maryland – Changes to Paid Family and Medical Leave Insurance, Wage Range Posting Requirements, New Discrimination Protections and More (and a Webinar!)
The Maryland General Assembly’s 2024 session ended at midnight on Monday, April 8. A number of employment bills that were passed will have a significant impact on employers, including another delay to the forthcoming paid family and medical leave insurance (FAMLI) program, a new wage range posting mandate, expanded pay stub notice requirements, and additional discrimination protections, including an expansion of the equal pay law. Employers will also face increased penalties for occupational safety and health violations. Additionally, there was a revision to the law restricting the use of non-compete agreements to make it applicable to certain health care providers and veterinarians.Continue Reading New Employment Laws in Maryland – Changes to Paid Family and Medical Leave Insurance, Wage Range Posting Requirements, New Discrimination Protections and More (and a Webinar!)
Employers – Be Merry and Bright … And Thoughtful About Those Holiday Parties!
‘Tis the season for holiday parties – and possible employer liability. But don’t be a Scrooge. The Three Wise men employers should keep some things in mind in planning holiday events for their employees.Continue Reading Employers – Be Merry and Bright … And Thoughtful About Those Holiday Parties!
Employers Beware: The End of the COVID-19 Emergency Does Not Mean The End of the EEOC’s COVID-19 Guidance
Throughout the COVID-19 pandemic, the EEOC has provided guidance to employers on how the federal anti-discrimination laws interact with COVID-19. This guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws, was revised multiple times to account for changing circumstances and, now with the declared end of the COVID-19 public health emergency, the EEOC has updated it once more. The revisions remind employers that, although the declared emergency may be over, COVID-19 still has a workplace impact that lingers on.Continue Reading Employers Beware: The End of the COVID-19 Emergency Does Not Mean The End of the EEOC’s COVID-19 Guidance
The EEOC’s “Best Practices” for LGBTQI+ Employment Equity
As I’ve mentioned before, in my spare time (a lot more, now that the kids are out of the house) I sometimes review the Equal Employment Opportunity Commission’s federal sector Digest of EEO Law (which they used to issue quarterly, but now seems to be a little more sporadic). Sometimes, in addition to the recitation of federal sector cases, the EEOC will include an in-depth article on a particular topic of interest. Although these digests (and the articles they contain) are geared towards the federal government, the EEOC’s approach to certain employment issues can also be helpful for private employers. And that’s what we have here, with the EEOC’s article, “Moving Towards Equality in the Workplace for LGBTQI+ Employees.” Continue Reading The EEOC’s “Best Practices” for LGBTQI+ Employment Equity
Maternity Leave ≠ Sitting on Your Ass
So some of you may have seen the recent uproar over a senior (labor and employment) attorney’s text message to an associate who found another job while she was on maternity leave. Many, including me, found the text to be wildly offensive and inappropriate. And because I’m a nerd, I also found a lot of lessons for employers.Continue Reading Maternity Leave ≠ Sitting on Your Ass
Can Rap Music in the Workplace Create a Hostile Work Environment?
Is the playing of obscene and misogynistic rap music in the workplace discriminatory on the basis of sex if it offends women? A former Tesla employee has asked the U.S. District Court for Nevada to answer “yes” to that question after filing suit against her former employer alleging that, among other things, the obscene and misogynistic rap music, as well as the actions and statements made by her co-workers related to that music, amounted to sexual harassment.
Continue Reading Can Rap Music in the Workplace Create a Hostile Work Environment?
Retaliation Claims Can Drive You Nuts!
As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim. Federal and state discrimination laws protect employees not only from discrimination or harassment, but also from retaliation for opposing discrimination/harassment, or making a charge/complaint, testifying, assisting, or participating in any way in a discrimination proceeding, such as an investigation or lawsuit. Often an employer successfully defends against an underlying claim of discrimination, only to lose on the retaliation claim.
Continue Reading Retaliation Claims Can Drive You Nuts!
Maryland Employers: Your Sexual Harassment Disclosure Survey Response Is Due by July 1, 2022
Under a 2018 law, Maryland employers with 50 or more employees are required to submit a report by July 1, 2022 to the Maryland Commission on Civil Rights regarding any sexual harassment settlements during the past two years.
Continue Reading Maryland Employers: Your Sexual Harassment Disclosure Survey Response Is Due by July 1, 2022
New Law Lets Sexual Harassment Claimants Get Out of Arbitration Agreements
A new federal law allows employees to avoid arbitration agreements with respect to sexual harassment or sexual assault claims. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 applies to pre-dispute arbitration agreements, such as those included in employment contracts or stand-alone arbitration agreements entered into at the time of hire. Many employers have adopted arbitration agreements because such agreements can contain enforceable waivers of the right to bring collective or class actions. They also avoid the risk of run-away jury verdicts.
Continue Reading New Law Lets Sexual Harassment Claimants Get Out of Arbitration Agreements