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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, […]
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 […]
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 […]
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.