At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment practices has been well-publicized, and there are no signs that those efforts will be eased anytime soon. But the increase in such investigations has […]
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.
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.
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.
Acts of workplace violence have, unfortunately, become all too common. Workplace violence can include anything from minor physical altercations and threats to tragic and brutal attacks or shootings. For employers, preventing workplace violence can often seem like walking a tightrope between protecting people and avoiding (or defending) a lawsuit.