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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.
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 […]
An investigator’s request for confidentiality in a discrimination or harassment probe is valid and doesn’t violate an employee’s right to free speech or the New Jersey Law Against Discrimination (NJLAD), the Appellate Division recently ruled. In the February 28 decision, the court rejected a former employee’s attempt to invalidate a state Civil Service Commission (CSC) […]
With summer approaching, many employers will be turning their attention to staffing up for the season. The summer workforce includes a substantial number of minors. So, this is a good time to consider the issues involved with hiring minor employees.
President Joe Biden’s nomination of a diversity and inclusion expert for a seat on the Equal Employment Opportunity Commission (EEOC) puts the panel closer to a 3-2 Democratic majority. Kalpana Kotagal’s nomination was announced April 4 for the seat that will come open when Republican Janet Dhillon’s term ends on July 1. Kotagal is a partner […]
The Equal Employment Opportunity Commission (EEOC) recently released guidance regarding whether COVID-19 is a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employer cannot take an adverse employment action against an individual because of a disability, which is a physical or mental impairment that substantially limits a major life activity. The […]
A growing number of employers are turning to artificial intelligence (AI) to help with selecting the best job candidates. Although it can make the decisions easier by reducing the amount of work required to find a great employee, some commentators are increasingly concerned about the potential for discrimination or disparate outcomes as a result.
When an employer is sued for discrimination and decides to settle the case, the details are confidential. When the Equal Employment Opportunity Commission (EEOC) sues an employer, however, the settlement is very public and includes a press release giving details about the resolution. Recently, the EEOC announced a settlement with a Winston-Salem company in a […]
An announcement from three federal agencies that they are aligning to protect employees who try to exercise their rights in the workplace means employers need to be especially on guard against actions that may be seen as unlawful retaliation.
Many employers have questions about employees’ religious objections to mandatory COVID-19 vaccination policies because they’re required to accommodate any sincerely held religious beliefs in opposition to the rules. Notably, the Equal Employment Opportunity Commission (EEOC) answered questions about the possible accommodations in new technical assistance released on October 25, 2021.