News

A judge issued a nationwide injunction that said the EEOC exceeded its authority in 2024 when its Enforcement Guidance on Harassment in the Workplace told employers they risked violating Title VII if they denied transgender workers access to the restrooms of their choosing, prescribed gender-specific dress codes and called them by pronouns they did not prefer.

We have remote workers in our state and in other states. How do we handle expense reimbursement for remote workers? Does it depend on whether the employee chooses remote work or we mandate it?

The Supreme Court’s 2023 decision in Groff v. DeJoy made it much harder for employers to justify denying an employee’s request for religious accommodations. Since then, most refusal-to-vaccinate lawsuits have been settled in favor of employees.

The Supreme Court agreed with a highly compensated employee who argued that because he was paid a daily rate, he wasn’t being paid on a salary basis. Now a federal appeals court has applied that logic to another employer.

It’s fine to hold managers to a higher standard of conduct than regular employees. While a subordinate might be excused for a minor rule breach, his supervisor could legitimately be disciplined for breaking the same rule. Just make sure your handbook outlines this greater expectation.

When unpleasant behavior comes to light, it’s important to step back and calmly analyze the facts. If the alleged acts aren’t pervasive or severe, it’s probably not actionable sexual harassment. Of course, you should still move to stop the behavior to prevent escalation.

Remind supervisors: Firing an employee while she is undergoing medical testing could easily trigger a lawsuit. Reason: It’s illegal to discriminate against an employee based on suspicions she might become ill or disabled in the future. That would amount to regarding her as disabled, which violates the ADA.

When young managers supervise older subordinates, the age differential can set up generational conflicts that cause legal trouble for employers. Those managers may be impatient for change and hold stereotypical views of what older workers can or cannot do. Prevent potential age bias claims by making sure all supervisors understand their responsibilities under the Age Discrimination in Employment Act.

An employee took a day of paid-time-off leave, but her supervisor called and texted several times to ask work-related questions. Does that time still count against her PTO bank, or should some of it be paid? Does it make a difference if they are an hourly employee or on salary?

Disciplinary and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. You need to be prepared for anything, including employees who “let it all out” in long, loud tirades.