Tag: Equal Employment Opportunity Commission (EEOC)

Software, Algorithms, and AI: New EEOC Guidance for Employers

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s interview questions and upload them for a robot to review. Using software to review applicant […]

Ugh, We Didn’t Think Like That: Cognitive Dissonance in Litigation

Litigation is hard, complicated, and always surprising. It can be very difficult for an organization to plan for the business issues that litigation brings. But no matter how many times you have dealt with litigation, some things seem to take businesses by surprise every time. These are all issues that are worth discussing with your […]

Time Is on Her Side: Temporary Disabilities Under the ADA

The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and regulations adopted by the Equal Employment Opportunity Commission (EEOC) interpreting the law make clear the term “disability” should be interpreted broadly. Conditions that […]

Caring for Caregivers: Understanding Caregiver Discrimination Under Federal Laws

As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers, whether they are caring for children, a spouse, an individual with a disability, or older relatives. Practically, issues arise when […]

Companies Report Rise in Labor and Employment Class Actions

Aggressive regulatory action and an increase in workplace safety claims, including many related to the COVID-19 pandemic, have fueled a rise in labor and employment (L&E) collective claims, including “follow-on” class actions, according to Carlton Fields’ 2022 class action survey. 

Failure to Accommodate Autistic Worker Ends with Settlement of EEOC Disability Lawsuit

The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with or without a reasonable accommodation. Once an employee discloses the need for a reasonable accommodation, […]

Using Artificial Intelligence Hiring Tools May Lead to Disability Discrimination

Employers using artificial intelligence (AI) to evaluate job applicants and employees may run afoul of laws prohibiting discrimination against people with disabilities, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently warned. If your business is relying on that increasingly common technology, be sure it isn’t having a disparate impact […]

DOL Issues New Guidance to Employers Warning About Retaliation

Retaliation continues to be at the top of the federal government’s priority list. In March 2022, the U.S. Department of Labor (DOL) issued a new field assistance bulletin titled Protecting Workers from Retaliation, which addresses worker protections from retaliation under laws enforced by the agency’s Wage and Hour Division (WHD). The DOL pledged to “use every […]

3 Steps to Make Workplace Religious Accommodations for Islamic Prayer

Few issues are more sensitive for employers than accommodating employees’ religious practices and observances. In recent years, Muslim employees and their employers have struggled with how to handle the religious requirement to perform obligatory prayers while at work. Here are some suggestions.

Back to Basics: No Retaliation Claim if No Protected Activity

Retaliation claims are among the most numerous types of employee claims processed through the Equal Employment Opportunity Commission (EEOC) and state EEO agencies. Central to the claims is whether an employee engaged in protected activity and how the employer responded to it. A recent case from the U.S. 8th Circuit Court of Appeals (whose rulings […]