Practical HR Tips, News & Advice. Updated Daily.
For over 25 years now, I have been consulting with companies about diversity and inclusion. This was long before the word “equity” was included. I’ve watched the concepts go from apathy to mild interest to the hottest internal HR and community initiatives that brought the word “equity” into the mix to now diversity, equity, and […]
Since 1977, employers evaluating whether an employee’s religious accommodation request would cause undue hardship on their business had a low burden to meet. A denial of a religious accommodation could likely be justified if the proposed accommodation involved more than de minimis cost or inconvenience to the employer. Recently, the U.S. Supreme Court changed that […]
The U.S. Supreme Court’s decision against using race as a factor in college admissions doesn’t directly affect employers, but it’s sparking worries about a backlash aimed at efforts to increase diversity in the workplace. In a June 29 decision, the Court ruled 6-3 that admissions procedures at Harvard and the University of North Carolina violate […]
On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. Postal Service (USPS) worker who was denied a religious accommodation to observe his sabbath. The broad implications of a decision that favors the former worker could change the analysis for employers when assessing employee requests for religious […]
The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of an employee’s religious observance or practice. And what will the vote be? 9-0. Read on. How Did We […]
Voluntary arbitration agreements involving federal law are enforced under the Federal Arbitration Act (FAA). Section 1 of the FAA exempts certain classes of workers, however, from the enforcement of arbitration. The U.S. Supreme Court recently resolved a federal circuit court split over whether employees who load cargo for the transportation of goods are engaged in […]
A number of high-profile companies are speaking out against the U.S. Supreme Court’s (SCOTUS) decision overruling Roe v. Wade, and they are backing up their criticism by vowing to help employees wishing to travel for legal abortions. But employers taking such action may face tricky legal issues.
Retirement plan fiduciaries have a duty to monitor investment options continuously and remove all imprudent ones, a unanimous U.S. Supreme Court (SCOTUS) recently ruled in a much-anticipated decision. In the opinion, the Court made it clear the fiduciaries can’t ignore imprudent investment options in 401(k)s or other retirement plans even if other, prudent choices are […]
Earlier today, the U.S. Supreme Court issued its much-anticipated decisions about the COVID-19 vaccine mandates issued by the Occupational Safety and Health Administration (OSHA) for employers with at least 100 employees, and the Centers for Medicare and Medicaid Services (CMS) for healthcare workers. In a 6-3 decision, the Court reimposed a “stay” (or hold) on […]
The U.S. Supreme Court’s decision blocking the Trump administration’s efforts to rescind Deferred Action for Childhood Arrivals (DACA) provides certainty for both employees benefiting from the program and for their employers. But the decision leaves the door open for a president to try again to rescind the program.