In an interesting, but ultimately unsurprising, analysis of Maryland’s anti-discrimination law, Maryland’s highest court has determined that the State’s prohibition against “sex” discrimination, including in the workplace, does not include sexual orientation (and by extension, gender identity). But employers should be aware that other protections for those personal characteristics exist under both state and federal law.Continue Reading Maryland’s Supreme Court Finds “Sex” Discrimination Protections Do Not Include Sexual Orientation (or Gender Identity)

On August 7, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations to implement the new Pregnant Workers Fairness Act (PWFA), which was enacted by Congress last December as part of a federal omnibus funding bill and which became effective on June 27, 2023. The proposed regulations provide guidance on how the EEOC plans to interpret employers’ obligations under the PWFA – and in some cases, expands the obligations beyond even the heightened standards under the Americans with Disabilities Act.Continue Reading EEOC Issues Proposed Pregnant Workers Fairness Act Regulations

In an unsurprising decision applicable to both unionized and non-union employers, the National Labor Relations Board changed its standard for assessing whether seemingly neutral work rules violate the National Labor Relations Act (NLRA). The Board’s decision in Stericycle, Inc. applies to challenges to an employer’s maintenance of work rules that do not expressly apply to employees’ protected activity. (Note: This decision does not alter Board law concerning the analysis of rules that explicitly restrict activities protected by Section 7 of the NLRA, or rules enacted in response to activities protected by the NLRA, such as union organizing.)Continue Reading Employers – The NLRB Has Just Made Many Common Work Rules Unlawful

On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is substantial. The Court rejected the “de minimus” standard as a misreading of the Court’s precedent in TWA v. Hardison.Continue Reading The Supreme Court Redefines the Religious Accommodation Obligation for Employers

On June 29, 2023, a divided U.S. Supreme Court ruled that affirmative action in student admissions decisions at Harvard University and the University of North Carolina at Chapel Hill violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. What does the Court’s holding mean for employers?Continue Reading What the Supreme Court’s Affirmative Action Ruling Means for Employers

When an employer receives a complaint of workplace misconduct, they often must conduct an investigation that may include interviewing employees.  Interviewing an employee is not as simple as one may assume. Employees may have legal rights and protections that restrict an employer’s ability to interview them. Navigating those rights and protections is essential in insulating employers from possible civil and criminal liabilities.Continue Reading When an Employer Interviews an Employee, The Power of the NLRA Compels You!

The National Labor Relations Board (NLRB or the “Board”) announced a return to the pre-2020 “setting-specific” standard in cases where employees are disciplined for misconduct occurring during the course of activity protected by the National Labor Relations Act (NLRA). The case, Lion Elastomers, LLC II, overrules the Trump-era Board decision in General Motors, which assessed the employer’s motive in taking adverse action against an employee who may have engaged in misconduct during the course of protected activity. Consequently, the Board is likely to permit employees greater latitude to make abusive, offensive, or profane comments in the workplace if such comments have even an attenuated link to activity that may be protected by the NLRA.Continue Reading NLRB Returns to More Lenient Standard for Employees’ Abusive and Profane Misconduct