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Last month, many of us took a few moments out of our day to view the solar eclipse (with the proper eyewear, of course – which made me wonder about the workers’ compensation liability for eye injuries incurred from deficient protection during “watch parties” at work – but I digress). As you’ve no doubt heard, there are even some folks who will travel in order to experience “totality.” I’m sure work productivity across the nation took a bit of a hit that day. But what is not ok is to totally blow off a deposition in order to chase the eclipse – which is what happened in a discrimination case.Continue Reading No, the Solar Eclipse Is Not a Good Reason to Skip a Deposition

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

The U.S. Supreme Court, in a unanimous decision, has ruled that adverse employment actions need not be “significant” in order to constitute a violation of Title VII’s prohibition against discrimination. This ruling undercuts decades of court decisions that applied a heightened standard of harm, although recent federal appellate court rulings already showed a trend away from that standard.Continue Reading Supreme Court Lowers the Bar for Title VII Discrimination Claims

According to some courts, no. According to the Equal Employment Opportunity Commission and other courts, yes. And the EEOC is being the squeaky wheel regarding its position, as evidenced by a recent settlement announcement. Continue Reading Are Reasonable Accommodations Required for an Employee’s Commute?

Last year, in our October 2023 E-Update, we wrote about an employer who destroyed evidence that could have proved his new employee stole source code from his former employer that was used to create a “functionally equivalent” product by the new employer. Because of this bad behavior, a federal trial court entered a default judgment against the new employer (meaning that the employer lost the case without any consideration of the merits). But our admonition against destroying (bad) evidence goes both ways – as shown in a recent case before the U.S. Court of Appeals for the Ninth Circuit.Continue Reading You Know That Destroying Evidence Can Get You in Trouble, Right?

As our associate Evan Conder reported in a blog post last month, a Regional Director for the National Labor Relations Board issued a game-changing decision that players on Dartmouth’s men’s basketball team are “employees” within the meaning of the National Labor Relations Act (“NLRA”). The players then voted (13-2) to unionize. But now, Dartmouth is refusing to negotiate with the players’ chosen representative, the Service Employees International Union, Local 560. Continue Reading So, Dartmouth Won’t Play Ball with the Union…

In the aftermath of the Supreme Court’s decision rejecting affirmative action in college admissions, there have been well-publicized attacks on corporate diversity initiatives. And now the conservative advocacy group, America First Legal Foundation, is tackling the NFL and its Rooney Rule – a development of concern to employers who use diverse candidate slates in their hiring process. Continue Reading Wiping the (Diverse Candidate) Slate Clean?

This is true in the context of existing race discrimination concerns and complaints in this particular (non-union) workplace, according to the National Labor Relations Board in a case involving Home Depot. Notably, the Board asserted that, “Insofar as BLM has become a well-known abbreviation, and the phrase ‘Black Lives Matter,’ when displayed in the workplace, could reasonably be understood as referring to issues of racial equity and equality at work, it is arguable that displaying the phrase in the workplace, standing alone, would support a mutual aid or protection finding.” However, the Board stated that it was not deciding that issue here (and we add, “yet.”).Continue Reading Display of BLM Insignia = Protected Concerted Activity

The National Labor Relations Board’s (the Board) General Counsel, Jennifer Abruzzo ,has sought stronger remedies for violations of the National Labor Relations Act. Her newest proposed remedy would, in some cases, allow a union to decide who must be hired by the employer.Continue Reading Is the NLRB Overstepping? Proposed Remedy Would Give Unions Hiring Control

And employers should take heed, because making assumptions about employees when making employment decisions can certainly make you look like an ass (and by that, I do mean the donkey-like animal and not the body part. Honestly, keep your mind out of the gutter!). That was the lesson learned by Walmart, according to a recent EEOC press release.Continue Reading Employers, “When you assume, you make an ass out of u and me.” – Oscar Wilde (or not?*)