What on earth (or not) is a Lunar Sabbath, anyway? I’m sure that’s what was going through the employer’s mind when the employee requested a schedule adjustment so that she could observe her Sabbath, in a recent federal case that provides some lessons for employers on religious accommodations – an issue of particular interest following the Supreme Court’s overhaul of the religious accommodations standard earlier this year.Continue Reading Reasonable Accommodations for a Lunar Sabbath?

A few years back, during the initial surge of corporate diversity, equity and inclusion initiatives in response to the killing of George Floyd and the #BlackLivesMatter movement, I wrote a blog post that applauded corporations for focusing on the issue – but also cautioned them to avoid inadvertently violating anti-discrimination laws in their eagerness. Well, following the Supreme Court’s recent decision prohibiting the use of race in college admissions, my (somewhat prescient?) warnings have taken on new urgency. Continue Reading Hey CEOs – Be Careful with Those Diversity Initiatives!

In (rare) good news for unionized employers, the U.S. Supreme Court has held that the National Labor Relations Act (NLRA) does not insulate a union from tort claims that it intentionally destroyed employer property during a strike.Continue Reading Supreme Court Rules that Unions May Be Sued for Strike Damage to Employer Property

On May 1, 2023, President Biden issued a statement announcing the end of the federal COVID-19 vaccine mandates, including those impacting federal contractors and CMS-covered healthcare employers, among others. But what impact does this have on employer vaccine mandates?Continue Reading Biden Administration Ends Federal Vaccine Mandates – What This Means for Employers

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

So many EEOC lawsuits – so many lessons… Some recent announcements from the Equal Employment Opportunity Commission (which is the federal agency that enforces federal anti-discrimination laws) provide some lessons for employers on possible reasonable accommodations under the Americans with Disabilities Act – specifically, when such accommodations already exist for the employee in question or their co-workers.Continue Reading Don’t Deny a Reasonable Accommodation that Exists – Really!

Maybe it’s because I’m getting older (and crossed over that 40-year old cutoff for protection under the Age Discrimination in Employment Act (ADEA) a number of years ago), but a couple of recent lawsuit announcements from the Equal Employment Opportunity Commission caught my eye – and they provide some lessons for employers who are facing an aging workforce.Continue Reading Code Words for Age Discrimination?

Many moons ago, when the ink was barely dry on my law school degree, I assisted a company with a compliance review by the Office of Federal Contract Compliance Programs. (In case you’re not familiar with the OFCCP, they enforce the affirmative action requirements for companies with federal contract and subcontracts). The company had engaged in some conversations with the OFCCP before they decided to call counsel (NEVER a good idea in a government investigation). And one of the warehouse managers made *that* comment to the OFCCP investigator. (Yikes!) Continue Reading “I just didn’t see women working in the warehouse…”