Employment Law Blog

Supreme Court Remodels Title VII Religious Accommodations in Groff v. DeJoy

For nearly 50 years, the common test of religious accommodation from the Hardison v. Trans World Airlines, Inc. case was that, if a religious accommodation required more than a de minimis cost, it was asking too much of an employer under Title VII. In Groff v. DeJoy, the Supreme Court of the United States  decided that this standard needs a reset, and employers may be in for a few changes. More >

New Year Brings New Federal Protections for Pregnant and Nursing Employees

At the end of December, Congress passed two bills that alter employers’ obligations to pregnant and nursing employees, with new standards that will be going into effect in 2023. The first of these bills is the Pregnant Workers Fairness Act (PWFA), which provides employees who are experiencing conditions arising from pregnancy or childbirth with the right to reasonable accommodations. The second is the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as the PUMP Act. While there are already federal requirements in place for employers to provide postpartum employees with nursing facilities meeting certain standards, the PUMP Act expands the coverage of those requirements to more types of employees. More >

EEOC Updates Guidance on COVID-19 and ADA

Throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has issued updates providing guidance for employers in response to new developments and information. This week, the EEOC has issued a new technical assistance update, clarifying the circumstances under which the Americans with Disabilities Act (ADA) and Rehabilitation Act may be applied to COVID-19. More >

Long-Term COVID Effects May Qualify as a Disability under the ADA—What Employers Need to Know

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

We are still learning more about the virus, including its long-term effects on those who have been infected. Because of the severity of these long-lasting symptoms, both the Department of Health and Human Services (“HHS”) and Department of Justice (“DOJ”) recently released guidance stating that “long COVID” may qualify as a disability under anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). An employer must remain aware of the long-term effects that COVID can have on its workforce and potential accommodations that its employees may need.  More >

EEOC Updates Compliance Manual on Religious Discrimination

Recently, the EEOC released updated guidance for employers regarding religious discrimination and accommodations in the Compliance Manual Section on Religious Discrimination. The updates override the previous iteration of the manual published in 2008. Importantly, this manual does not bind employers by law, but it does inform the way that the EEOC processes claims under the law and is therefore a crucial resource for employers.  With these updates, the EEOC clarified an important aspect of religious discrimination: who is protected by the Title VII. More >

SCOTUS Rules On Landmark LGBTQ+ Workplace Protections

A landmark decision was handed down by the Supreme Court of the United States on June 15, 2020. In a 6-3 ruling, the Court found that Title VII of the Civil Rights Act of 1964, which protects employees from discrimination based on sex, also extends protections against discrimination based on sexual orientation and gender identity. This decision is historic for LGBTQ+ employees. More >

Coronavirus and Employers: Critical Compliance Information

As the novel coronavirus, or COVID-19, has reached global pandemic status, it is critical for employers to understand how to administer their workforce in the face of the new illness, especially in light of state and federal employment laws. Luckily for employers, there is fresh guidance from several agencies on how to put team health first while protecting businesses and complying with relevant workforce laws and regulations. We have distilled that information into key points set out below. More >

EEOC Issues Fact Sheet on Transgender Restroom Access

On Monday, May 2^nd, 2016, the EEOC issued a fact sheet entitled “Fact Sheet: Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” The fact sheet comports with the agency’s stance that Title VII protects gender identity under the prohibitions on discrimination based on sex and serves as a reminder to employers that federal law – and the EEOC’s interpretation of it – trumps state law on this issue, despite recent attention-grabbing media headlines.  More >

EEOC: Title VII Prohibits Employment Discrimination Based On Sexual Orientation

The recent U.S. Supreme Court decision in Obergefell v. Hodges struck down restrictions on marriage by same-sex couples, but it did not address other forms of discrimination based on sexual orientation, such as in employment. The Equal Employment Opportunity Commission, however, did not wait for a ruling from the high court, instead ruling on its own that Title VII of the Civil Rights Act of 1964 prevents discrimination in an employment context on the basis of sexual orientation. This decision, Baldwin v. Foxx,[1] broadens Title VII protections considerably, although it remains to be seen if the high court agrees with the EEOC interpretation. More >

The Obergefell Decision and Employers

The recent United States Supreme Court decision in Obergefell v. Hodges significantly altered the legal landscape with respect to same-sex marriages, finding that the Fourteenth Amendment to the United States Constitution requires all states to both license in-state same-sex marriages and recognize valid same-sex marriages performed out-of-state. The Court did not, however, go so far as to reach issues such as discrimination in employment or public accommodation. So, while legal same-sex marriage is the law of the land, those newly-married couples may face legal uncertainty when it comes to discrimination in public accommodations or their place of employment, unless contravening state law applies. That said, there are still several ways that the Obergefell decision and its counterpart, United States v. Windsor, will affect employers and employees. More >