Courts recognize that employers must be free to manage their workforces as they see fit—with some limitations. But that live-and-let-live ethos changed when the Supreme Court issued its Muldrow v. St. Louis decision in April 2024.
Read MoreOur editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.
Courts recognize that employers must be free to manage their workforces as they see fit—with some limitations. But that live-and-let-live ethos changed when the Supreme Court issued its Muldrow v. St. Louis decision in April 2024.
Read MoreIf you use wearables to collect information about employees’ physical or mental conditions or for diagnostic testing, you may be conducting medical exams under the ADA.
Read MoreDiscriminating against applicants and employees because they serve or have served in the military is illegal. The Uniformed Services Employment and Reemployment Rights Act protects service members from discrimination in the workplace and requires employers to reinstate employees who are called to or volunteer for active-duty assignments.
Read MoreWearables in the workplace are mostly perceived as benign management tools, although some complain they represent a dystopian step toward Big Brother surveillance. Now the EEOC has weighed in with a fact sheet warning that wearables could enable or perpetuate workplace discrimination and suggesting how employers can mitigate liability.
Read MoreIt’s a new HR year and we’re here with some important lessons from the top four employment lawsuits of 2024. Don’t repeat these employer mistakes.
Read MoreAt the very least, avoid using the term in front of applicants or in any written materials describing them, such as interview notes. Rejected applicants could view the term as an age-related code word, thus sparking an age-discrimination lawsuit.
Read MoreLast summer, the U.S. Supreme Court made it easier for employees to claim discrimination even if their employer’s actions didn’t substantially harm them. Now, the same reasoning from the Muldrow v. St. Louis decision is being applied to the ADA.
Read MoreThe federal Lilly Ledbetter Fair Pay Act lets employees sue at any time for pay discrimination if their current paycheck reflects past discrimination. Thus, if a female employee discovers she’s being paid less than a man doing the same work, she can sue and receive back pay for at least two years’ worth of discriminatory paychecks.
Read MoreIn documents asking the race of employee, can I ask their race if I’m not sure?
Read MoreThat’s one of the sexist questions the EEOC alleges Waste Industries—a solid waste removal, recycling and landfill service provider—repeatedly asked female job applicants. As a result, the company agreed to pay $3.1 million to settle the agency’s pattern-or-practice sex-discrimination claim.
Read More