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Employment Law

ADA accommodation: Do you have to help employees with their commute?

Does an employer’s ADA accommodation duty extend so far as to require it to change an employee’s job schedule to help with their commute to work? A new federal court decision says the answer is “maybe.” And while that’s a…

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Decision addresses commute and ADA

Should you use arbitration agreements? 3 key points to know

Using arbitration agreements instead of going to court can provide big benefits for employers. Arbitration is generally faster and cheaper than litigation, and it can make it easier to avoid bad press -- not to mention the unpredictability of a…

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Arbitration agreements: Still a good tool to use?

Obesity and the ADA: Does alleged fat-shaming at work prove discrimination?

Does obesity count as a disability protected under the law? That's the question a Connecticut court recently faced. An employee sued his employer alleging he was discriminated against because he was "perceived as" being disabled due to his weight. Here's…

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Addressing obesity bias in the workplace

You can’t always get … Why UPS won this job accommodation suit

A new federal appeals court ruling highlights an important rule about disability-related job accommodation under the ADA. The rule: An employee is not entitled to their accommodation of choice, even if it is effective. Instead, an employer meets its job…

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Employer gets to pick job accommodation

Equal pay dispute: Out-of-state remote employee wins first round in court

Scoring a significant preliminary victory, an out-of-state remote employee who lives and works in New Hampshire will be allowed to pursue pay discrimination claims based on the law of New Jersey, where the company is headquartered. Here’s what happened: In…

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Crossing state lines: Does state law protect remote employee?

State AGs warn Fortune 100: Mind your DEI efforts

A mid-July letter signed by the attorneys general of 13 states warns Fortune 100 CEOs that they “will face serious legal consequences” if they take their DEI efforts too far by discriminating based on race. This is not some farfetched…

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DEI efforts are under the spotlight

Lessons from the Hollywood strike: 3 valuable takeaways for HR

Hollywood's latest drama – a simultaneous strike by screenwriters and actors – hasn't been seen since 1960, before most of today's workforce was even born. As you’ve probably heard, the Writers Guild of America (WGA) went on strike in early…

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From Hollywood to HR: Key lessons from the strike

Missing 401(k) contributions: Company held in contempt, faces daily fine by court order

Word to the wise: Never try to duck out of obligations outlined in a consent decree. You won’t be able to hide for long. That’s a lesson recently learned the hard way by a Baltimore company and its owner, Bryan…

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Court issues $100 daily fine until missing contributions are repaid

EEOC targets third-party sexual harassment: Union pays $85K in latest settlement

Just days after announcing a $50,000 settlement to resolve a sexual harassment claim involving a customer, the EEOC issued another reminder that the agency is cracking down on third-party sexual harassment. This time, the agency took aim at a union…

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EEOC: Employers and unions have obligations to protect against sexual harassment

New protected class continues to gain steam: Another state joins list on Aug. 7

Heads up, Colorado employers: The Protecting Opportunities and Workers’ Rights (POWR) Act, which significantly expands workplace protections for employees, takes effect on Aug. 7. The new law amends the Colorado Anti-Discrimination Act (CADA) by, among other things, making marital status…

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Growing momentum: Another state poised to recognize new protected class

Why is this so hard? Employer pays $105K to end equal pay suit

It seems like a pretty basic and commonsense rule: Pay people equal pay for equal work – regardless of their gender. But if the allegations presented in a just-resolved EEOC lawsuit are true, it’s a rule that not all employees…

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Customer behaving badly: Company pays $50K to settle third-party sexual harassment claim

Your frontline managers probably know the company has a legal obligation to protect employees from sexual harassment from co-workers. But what if it's a customer crossing the line? Just how far do employers have to go to protect employees from…

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What HR needs to know about third-party sexual harassment

‘Just suck it up’: How NOT to respond to a bias allegation

The EEOC claims in a newly filed lawsuit that an Idaho employer responded to a bias allegation by telling the reporting employee to “be the bigger person” and then denying her a promotion. The target of the new suit is…

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Bias allegation? Don't retaliiate!

What does the new affirmative action ruling mean for DEI programs?

Front and center among a small slew of bombshell U.S. Supreme Court holdings that emerged last week was this one: Race-based admissions systems in higher education are unconstitutional – and thus prohibited. “Eliminating racial discrimination means eliminating all of it,”…

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Affirmative action ruling raises questions

EEOC issues new PWFA guidance: What HR needs to know now

As you’ve probably heard, the Pregnant Workers Fairness Act (PWFA) went into effect late last month. The EEOC has since released PWFA guidance to help companies comply with the new law until it issues compliance regs. What you need to…

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EEOC Releases PWFA Guidance Tools

Get ready: Supreme Court raises the bar on religious accommodation duty

As we predicted, the U.S. Supreme Court has expanded the duty of employers to provide religious accommodation to employees under Title VII. The high Court did so via a unanimous decision that essentially redefines the concept of “undue hardship” in…

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Religious accommodation duty expands
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