An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch Stores, Inc. this term. The case arises from a hiring decision made at the Abercrombie Kids store in Woodland Hills Mall […]
Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, in which an employee who was occasionally late to work due to caring for his ailing father successfully pursued a distraction claim for associational discrimination.
The last several weeks and months have seen an unmistakable trend in federal court decisions paving the way for same-sex marriage in a majority of states. But just when it appeared that same-sex marriage might have gained unstoppable momentum, the Sixth Circuit Court of Appeals made its long-awaited decision regarding same-sex marriage bans in Ohio, Kentucky, Michigan and Tennessee.
In our recent webinar, McAfee & Taft attorneys shared with you a number of ramifications from the recent U.S. Supreme Court decision that effectively legalized same-sex marriage in Oklahoma. One of the key questions we discussed was this: Does the decision mean that private employers are now required to offer group health insurance coverage to same-sex spouses?
It comes as no surprise that employers increasingly find themselves dealing with workplace challenges relating to Ebola. The issues tend to arise in two contexts: How should employers respond to employee concerns, and what steps should employers take to protect their workforce from the Ebola virus?
Employers often have policies and procedures (frequently included in a drug testing policy) that require their employees to disclose the lawful use of prescription drugs (i.e., per the advice and prescription of a licensed physician) that could impair job performance. Such policies may violate the Americans with Disabilities Act of 1990 (ADA) or the guidelines issued by the EEOC.
While the end of the year may be winding down, there’s no slowdown in sight for employers trying to keep pace with the Affordable Care Act’s ever-expanding compliance requirements and approaching deadlines. With so much to do and so little time, what’s an employer to do?
Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left for the reader to decide. Employers face a similar decision when considering criminal background checks.