Tag: HR Law

Employers Beware: Blanket Policies Prohibiting Workplace Recordings May Violate the NLRA 

In the past, employees recording audio or images in the workplace might resort to the use of a bulky tape recorder, a hidden “wire,” camera, or other device secured in a purse, on their person, or even a hard hat.  Now that smart phones with professional-grade audio and video capabilities are an integral part of […]

Supreme Court Eliminates ‘Background Circumstances’ Test for Title VII Claims

In a unanimous decision, the U.S. Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for nonminority groups under Title VII of the Civil Rights Act of 1964. What Changed? Typically, in Title VII cases, employees must show they are members of a protected class, they were qualified for the job […]

SCOTUS Ruling on Title VII Discrimination Claims: Same Standard Applies to Majority and Minority Group Plaintiffs

On June 5, 2025, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services, which, given the subject matter of the case, impacts employers nationwide. The Ames decision confirmed that all Title VII plaintiffs alleging employment discrimination – regardless of whether they belong to a majority or minority group – […]

Managing Disability-Related Misconduct is a Potential Legal Minefield

The Americans with Disabilities Act (ADA) defines “disability” as a physical or mental impairment that substantially limits one or more major life activity. The ADA Amendments Act of 2008 (ADAAA) clarified that the ADA’s definition of disability is to be construed broadly to protect the individuals asserting claims under the ADA. Nearly two decades after […]

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Day One or Day 90? Navigating Sick Leave Eligibility

Q: Can we uphold our employee handbook policy that states employees are eligible for sick leave after 90 days of employment, or must we adhere to state sick leave laws that say they should be eligible upon being hired? Generally, you must adhere to state sick leave laws requiring that employees be eligible for sick […]