Employment & Labor Insider

This week in employment law. Continue Reading ›

Don't go off the deep end. Continue Reading ›

And you thought they’d be asleep the next four years. Continue Reading ›

The legal challenges relate to "abortion accommodation." Continue Reading ›

The teacher had a religious objection. Continue Reading ›

It's worth a read. Continue Reading ›

Will the Court be opening the floodgates? Continue Reading ›

Second post in our series. Continue Reading ›

This might help employers figure it out. Continue Reading ›

Here's what's been going on this week. Continue Reading ›

Happy days are here again! Continue Reading ›

... and have been asking about for months. Continue Reading ›

Can employers breathe easy now? Continue Reading ›

And employers will like it. Continue Reading ›

Here are 10 quick takes. Continue Reading ›

Test your knowledge! Continue Reading ›

"Let's turn over -- a new leaf." Continue Reading ›

2019 ends with a bang. Continue Reading ›

Happy holiday weekend! Continue Reading ›

As long as it's the principle (and I think it is). Continue Reading ›

Here's a summary of what you may have missed over the holiday break. Continue Reading ›

Employers, are you ready to accommodate Wiccans? Continue Reading ›

This case makes my head hurt. Continue Reading ›

The Colorado baker is going on offense. Continue Reading ›

Another federal appeals court will soon decide whether Title VII prohibits sexual orientation discrimination. Continue Reading ›

It's enough to make an "onionhead" weep. Continue Reading ›

Of course he does! Continue Reading ›

Are you in the know? Continue Reading ›

It's possible to discriminate against someone of your own faith. And illegal. Continue Reading ›

UPDATE (1/26/18): Proposed regulations were published in today's Federal Register. Stay tuned! Continue Reading ›

How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out!

Question 1: Which of the following federal employment laws require reasonable 

accommodation, either by their terms or as courts have interpreted them over the years?

A. The Americans with Disabilities Act

B. The Family and Medical Leave Act

C. Title VII-religion

D. The Nursing Mothers Act

E. The Pregnancy Discrimination Act

F. All of the above

G. A, C, D, and E

ANSWER: G. The FMLA does not require reasonable accommodation, but all of these other laws do. And there is some overlap between the FMLA and pregnancy or disability accommodation because leave for pregnancy or disability can be a form of reasonable accommodation. Continue Reading ›

How much can you do - and not do - about your employees' personal appearance and grooming? Take this quiz and find out! As usual, I'll have the answers at the end, so if you get one wrong, no one but you will know.

QUESTION 1: If I operate in a jurisdiction that doesn't have a law against appearance discrimination, I can make any rules about appearance and grooming that I want. 

TRUE

FALSE

QUESTION 2: My employees are required by OSHA to wear masks on the job. The masks are no good unless there is a proper seal around the employee's mouth and nose. Since facial hair prevents a good seal from forming, we have a no-beard policy. I have one employee who is Sikh and wears a beard for religious reasons. What should I do?

A. Let him keep his beard and pray that the mask will work without the proper seal.

B. Tell him he has to shave the beard off or lose his job.

C. Meet with him and explain that the mask is required by OSHA and the safety rationale for the rule. Talk with him about reasonable accommodations, which might include use of a different type of mask that works with a beard, or transfer to another position that doesn't require use of a mask. After you've talked and perhaps consulted with vendors or safety experts, make a determination of what to do that won't violate the law or endanger his safety while accommodating his beliefs as much as you can. Continue Reading ›

No more pencils, no more books, no more teacher's dirty looks . . . except for one little quiz on employment law issues that come up during the summer. Continue Reading ›