California Case Turns on Definition of Disability

​Takeaway: An employee who was fired after she requested two weeks off to recover from surgery was not disabled, and so her employer did not violate the California Fair Employment and Housing... Read more »

Job Transfer Case May Implicate IE&D Programs

​The U.S. Supreme Court recently heard a case centered on lateral job transfers, but the case could impact other employment policies and practices, especially the criteria for inclusion, equity and diversity (IE&D)... Read more »

5th Circuit: ‘Ultimate Employment Decisions’ Aren’t the Only Covered Employer Actions

​Takeaway: This decision reminds employers that Title VII covers a wide range of employment decisions beyond the most salient moments in a person’s work life. The decision also highlights the uncertainty caused... Read more »

Employee Can Sue Public-Sector Union Over Dues Requirement

​A public-sector union allegedly violated an employee’s First Amendment rights when it denied her request to stop paying union dues, according to a recent ruling from the 3rd U.S. Circuit Court of Appeals.... Read more »

NCAA Proposes Compensation for College Athletes

​Colleges and some coaches earn millions of dollars from major college sports, but student-athletes don’t even make minimum wage because they aren’t employees, at least not according to the National Collegiate Athletic... Read more »

Reprimand Letter Was Not Adverse Action for Retaliation

​Takeaway: In 2006, the U.S. Supreme Court created a flexible standard for showing a materially adverse action to support a retaliation claim. Despite that flexibility, some seemingly harmful decisions have not qualified... Read more »

Try a Low-Key Response When Older Workers Threaten to Retire

​When older workers make vague assertions that they’d like to retire, immediately asking them to specify when may not be the best approach. Ignoring their assertions isn’t either. Following up later with... Read more »

Supreme Court Analyzes Discrimination Law in Job Transfer Case

​The U.S. Supreme Court heard a case on Dec. 6 that will determine whether involuntary job transfers can constitute discrimination in some circumstances. The court focused on whether tangible harm is required... Read more »

Supreme Court Won’t Hear Disability Accommodation Case Against UPS

​The U.S. Supreme Court recently put an end to a delivery driver’s case against UPS for allegedly denying him disability accommodations that he requested. On Nov. 6, the court declined to hear the... Read more »

Google Settles Claims Related to Workplace Confidentiality Policy

​Google recently settled a 2016 lawsuit alleging that it used illegal practices to stop employees from complaining about the workplace. The lawsuit claimed the company’s confidentiality policies were unlawful. The Mountain View,... Read more »
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