Tag Archives: employment law

Supreme Court Upholds Religious Exemptions From Discrimination Law

In a decision considered a victory for religious employers, the U.S. Supreme Court gave religious organizations broader ability to hire and fire employees without violating federal anti-discrimination laws. In the 7-2 decision, the court expanded the “ministerial exception” that precludes courts from hearing disputes brought by employees who have vital religious responsibilities, an exemption based […]

Supreme Court Rules In Favor Of LGBTQ Protections

In a landmark decision for LGBTQ employment rights, the Supreme Court has ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, includes gay and transgender employees. The ruling, written by Justice Neil Gorsuch, settles differing decisions from lower courts that considered whether Title VII provided […]

The Challenge of Managing High-Risk Employees as Businesses Reopen

As governmental stay-at-home orders are being lifted and employers consider reopening their workplaces, new challenges arise that require careful consideration. The National Law Review has been publishing articles to help employers focus on the issues specific to their business, one of which we will highlight this month. We encourage you to monitor the Centers for […]

Fifth Circuit Employment Cases from 2019 That Affect 2020

The U.S. Court of Appeals for the Fifth Circuit had a busy 2019. Employment law continues to be affected by the pro-employer leanings of the Trump administration. For the next few months, we will highlight cases that are important for employers to know in 2020. Criteria for age discrimination In McMichael v. Transocean Offshore Deepwater […]

NRLB Reverses Prior Ruling on Employee Personal Use of Email

In yet another decision that reverses an Obama-era policy, the National Labor and Relations Board (NLRB) determined that employers can regulate their employees’ use of company email and other IT resources for non-work-related communications. Previously, Board held that employees with access to these resources for work had a presumptive right to use them on nonworking […]

Implicit Bias in Hiring — What to Look For and How to Avoid It

Last month, we looked at how to avoid inappropriate topics during an employment interview. But often, discrimination in hiring is less overt than a direct question. And employers must ensure that the entire hiring process is truly fair. I recently completed a continuing education class on implicit bias and would like to share some insights […]

NLRB Proposes Changes to Election Procedures

The National Labor Relations Board (NLRB) has not often enacted rules pursuant to the Administrative Procedures Act, preferring that the Board’s legislative policies be established in individualized rulings. But recent actions indicate a break with that tradition. Earlier this month, the Board proposed regulations targeting three areas of current policy that govern the filing and […]

Acosta Replacement May Pick Up the Pace at DOL

Patrick Pizzella takes the reins as acting Secretary of Labor following Alexander Acosta’s resignation over a 2008 plea deal he arranged for Jeffery Epstein. Pizzella has been deputy secretary just over a year and held various positions related to labor policy during two previous administrations. While Acosta was cautious about too-quickly reversing Obama-era policies that favored workers […]

Supreme Court agrees to consider LGBT discrimination in the workplace

Supreme Court agrees to consider LGBT discrimination in the workplace As mentioned in a prior post, the Supreme Court of the United States will soon resolve uncertainty as to whether Title VII of the Civil Rights Act prohibits discrimination based on gender identity and sexual orientation. In the first two consolidated cases, Altitude Express Inc. v. […]