The updated definition for ‘de minimis’ provides a new framework to approach these requests. How should employers respond now in a fair and legal way?
Service dogs and emotional support animals (ESAs) are increasingly common fixtures of modern society. As a business owner, you may consider yourself an “animal person” and still have some hesitation about allowing dogs and other animals into your place of business. How should you respond to customers with animals, on balance with clients and employees...
Caregivers are often women Unlike past recessions, where men were often unemployed at higher rates than women, the COVID-19 pandemic has forced women out of the workforce at disproportionately high rates. This shift in workforce participation will have lasting consequences for years to come. Women leaving the workforce is not simply a crisis for women;...
Valuable employees with increased caregiving responsibilities, due to Covid 19 or otherwise, are feeling pressure to leave the workforce. Recent events have forced these otherwise qualified and hardworking employees to prioritize their loved ones over the long-term consequences on their careers. In large part, the fallout in caregiver workforce participation reflects upon employers’ inability or...
On June 15, the Supreme Court ruled in Bostock v. Clayton County that Title VII of the 1964 Civil Rights Act protects gay, lesbian, bisexual, and transgender employees from discrimination based on sex. In that ruling, the court clarified the definition of sex and settled what has been a murky area for employers, wrote Christine...
Amid national and local headlines about protests, social injustice and police reform, employers have grappled with whether to make public statements or otherwise take action. Consider internal as well as external ramifications before taking any stand, making a statement or encouraging employee action, wrote Todd Stanton and Amanda Farahany of Barrett & Farahany in a July 10 Fulton...
In this episode of “Justice At Work”, Todd Stanton joins Amanda Farahany and Kathy Harrington-Sullivan to discuss race discrimination in the workplace, and how today’s nationwide conversation about racism is affecting the workplace for both employers and employees.
by Manori de Silva. “Well, I heard she only got the job because she had a fling with the manager.” How many of us have heard something along these lines during our careers? Office gossip is often dismissed as harmless banter and a form of de-stressing, but beware. Times are changing, and the legal repercussions...
by Manori de Silva. February 14 can be a stressful time for many, particularly those feeling pressured to live up to the hype of Valentine’s Day. For employers, romance in the workplace can be a minefield. Harassment The lead-up to Valentine’s Day can result in increased flirting in the hope of getting a date by...
Just because something is legal doesn’t mean you should do it. Lawyers lacking this perspective get tangled up in small disputes. They forget their job is to get the business back to productive work as quickly as possible.
A case involving a gay couple who sued a baker who—citing religious grounds—refused to bake the couple’s wedding cake has made headlines nationwide.
In 2010, the EEOC received a complaint that Crothall Services Group was using criminal background checks and criminal history to make hiring decisions that had a “disparate impact” on African-Americans, Hispanics, and male applicants – that is, even though the criteria was facially non-discriminatory, the criteria disproportionally affected certain protected groups. Before reaching whether Crothall’s...
Transgender issues are in the news as of late, most notably surrounding transgender individuals and the use of public restrooms. What would you, as an employer, do if an issue involving a transgender employee were to arise in your workplace? What happens if a transgender employee wants to use the restroom of her choice and...
Last month the EEOC published new enforcement guidance on the application of federal laws prohibiting discrimination to pregnant employees in the workplace. The agency takes the position that employers must reasonably accommodate certain temporary impairments arising out of pregnancy that may be considered “disabilities” under the Americans with Disabilities Act. It further states that a...