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Do Employers Have to Accommodate an Employee’s Commute to Work?  One Court Said Yes – Sort Of

7 November 2023

Do Employers Have to Accommodate an Employee’s Commute to Work? One Court Said Yes – Sort Of

Author: Anthony Kaylin

The U.S 7th Circuit Court of Appeals recently ruled that a case can go to trial on whether an employer was required to provide an accommodation to an employee that had difficulty driving at night and whose shift ended at 9:00 p.m.  According to the court, the main question before it is whether the employee was entitled to a modified work schedule as an accommodation to make his commute safer.

EEOC Issues New Harassment Guidance

10 October 2023

EEOC Issues New Harassment Guidance

Author: Anthony Kaylin

On Monday October 2, 2023, the EEOC released its new proposed Harassment Guidance for comment to the public.  Comments must be in by November 1, 2023. 

What’s New for EEO-1 Reporting in 2023?

19 September 2023

What’s New for EEO-1 Reporting in 2023?

Author: Anthony Kaylin

Since 1966 private employers with 100 or more employees and federal contractors with 50 or more employees and that meet certain criteria are required to report annually the number of individuals they employ by job category, sex, and race or ethnicity.  The EEO-1 report, although filed in 2023, is for the 2022 year.  So, the report is called 2022 EEO-1 Component 1.

Where Religion and Civility Become Loggerheads

22 August 2023

Where Religion and Civility Become Loggerheads

Author: Anthony Kaylin

Charlene Carter was a flight attendant at Southwest.  She allegedly claimed that she was fired because she objected to her union's participation in a protest for which Planned Parenthood was a sponsor.  Prior to that, Carter sent repeated messages on social media to the president of Carter's flight attendant union, expressing outrage over the union president’s alleged pro-abortion beliefs. The union president attended the 2017 Women’s March in Washington, D.C....
EEOC Settles First AI Age Discrimination Lawsuit

15 August 2023

EEOC Settles First AI Age Discrimination Lawsuit

Author: Anthony Kaylin

iTutorGroup Inc. will pay $365,000 to a group of approximately 200 rejected job seekers age 40 and over, according to a consent decree filed in the U.S. District Court for the Eastern District of New York. The 2022 lawsuit against iTutorGroup Inc was the first by the U.S. Equal Employment Opportunity Commission (EEOC) involving a company's use of AI to make employment decisions.
Could the Religious Freedom Restoration Act of 1993 (RFRA) Allow Legalized Sex Discrimination?

1 August 2023

Could the Religious Freedom Restoration Act of 1993 (RFRA) Allow Legalized Sex Discrimination?

Author: Anthony Kaylin

A recent case from the U.S. 5th Circuit Court of Appeals, Braidwood Management, Inc. v. Equal Employment Opportunity Commission, No. 22-10145 (5th Circuit Court of Appeals, 6/20/23), has opened the door for a possible super statute that can override the 1964 Civil Rights Act. In other words, a company who may be a for-profit but with a religious bent, think Hobby Lobby, could discriminate in hiring, for example, against someone of the LGBTQ community, a mother out of wedlock, and more. ...
Can an Employee Refuse to Work with Another Employee Because It Violates Their Religious Belief?

11 July 2023

Can an Employee Refuse to Work with Another Employee Because It Violates Their Religious Belief?

Author: Anthony Kaylin

The Supreme Court ruled on June 30th in Creative LLC v. Elenis, No. 21–476 (6/30/23) that the First Amendment prohibits the state of Colorado, through its antidiscrimination statute, from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.  Although it is framed as a public accommodation case, this case, along with the Groff v. DeJoy, Postmaster General (600 U.S.___2023) religious accommodation case, may make it interesting...
EEOC Issues Guidance on Use of Generative Artificial Intelligence

13 June 2023

EEOC Issues Guidance on Use of Generative Artificial Intelligence

Author: Anthony Kaylin

On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964 (“TA”).    
Does the ADA Protect Against Unknown Disabilities?

11 April 2023

Does the ADA Protect Against Unknown Disabilities?

Author: Anthony Kaylin

An employee was terminated for performance reasons.  Then they throw you a curve ball; they have cancer or need operable surgery that could rise to the level of ADA.  You now have knowledge of it after you terminate the employee.  What do you do?

EEOC Guidelines on LGBTQ Struck Down by Court, Now What?

29 November 2022

EEOC Guidelines on LGBTQ Struck Down by Court, Now What?

Author: Anthony Kaylin

On June 15, 2020, the Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects LGBTQ rights (Bostock v. Clayton County Georgia, No. 17-1618 (June 15, 2020)).  Before the decision, 21 states had their own laws prohibiting job discrimination based on sexual orientation or gender identity, and seven more provided that protection only to public employees. Michigan just recently added itself to the list.

A New Approach to ADA Accommodations

22 November 2022

A New Approach to ADA Accommodations

Author: Anthony Kaylin

A recent U.S. Federal 11th Circuit case upended the U.S. Equal Employment Opportunity Commission (EEOC) guidance as to disability and accommodations.  Under the guidance, an employee merely has a functional rather than a medical definition of disability, and the determination of whether an individual has a disability doesn't necessarily hinge on the name or diagnosis of an impairment. Once an employer is on notice, they must engage in an interactive discussion concerning any...
Be Aware of Potential Bias with AI

22 November 2022

Be Aware of Potential Bias with AI

Author: Susan Chance

Artificial Intelligence (AI) is being used more often and for a variety of purposes. Michigan State University received a $1.7 million grant to use AI in finding new drugs for treating diseases. Cyber security uses AI in various forms such as facial recognition to “verify a person’s real-world identity.” These seem to be good uses for AI.

How Should Employers Handle Workplace Proselytizing?

11 October 2022

How Should Employers Handle Workplace Proselytizing?

Author: Anthony Kaylin

The current U.S. Supreme Court endorses workers’ rights when it comes to expressing religious values at work.  In the last term’s case of Kennedy v. Bremerton School District, No. 21-418 (2022), Kennedy was a football coach who kneeled and prayed on the 50-yard line after a game.  He was suspended by the Bremerton School District in the state of Washington for whom he worked. 

EEOC’s Report on EEO-1 Pay Collection Tool from NAS is Published

2 August 2022

EEOC’s Report on EEO-1 Pay Collection Tool from NAS is Published

Author: Anthony Kaylin

The U.S. Equal Employment Opportunity Commission (EEOC) commissioned a report by the National Academies of Sciences, Engineering, and Medicine (NAS), which studied the EEOC’s historic, first-time collection of pay data from certain private employers and federal contractors completed in 2020. The NAS study was commissioned by a unanimous vote of the bipartisan Commission in 2020. 

When an Employee Refuses to do Work That Violates Their Religious Beliefs

26 July 2022

When an Employee Refuses to do Work That Violates Their Religious Beliefs

Author: Anthony Kaylin

In a recent situation that not only involved religious beliefs but also medical needs, a Walgreens’ employee refused to sell a male contraceptive to a married woman because it violated their faith.  Walgreens policy allows for employees to do this.  A Walgreens spokesperson said that its employees are allowed to “step away from completing a transaction to which they have a moral objection.”  A manager eventually sold the contraceptive to the woman. 
The Importance of Inclusive Employment Forms

26 July 2022

The Importance of Inclusive Employment Forms

Author: Linda Olejniczak

Inclusive forms and paperwork are an important part of LGBTQ-affirming organizational culture. Not only will inclusive forms allow your organization to capture the most accurate information, but they also serve as “markers” for people exploring your organization. Forms, paperwork, and applications send strong messaging around who is welcome and counted in your culture.

Ageism Rearing Its Ugly Head

7 June 2022

Ageism Rearing Its Ugly Head

Author: Anthony Kaylin

For the past 20 years or so, many HR consultants and thinkers have called employees “assets” or “capital assets” of the employer.  The problem with these terms is manyfold. 

Discrimination Issues with AI

31 May 2022

Discrimination Issues with AI

Author: Anthony Kaylin

As more organizations embrace artificial intelligence (AI), the EEOC and U.S. Department of Justice (DOJ) have begun to be more cognizant of the discriminatory issues associated with these tools.

U.S. Department of Justice Issues New Guidelines for Website Accessibility

3 May 2022

U.S. Department of Justice Issues New Guidelines for Website Accessibility

Author: Anthony Kaylin

On March 18, 2022, the U.S. Department of Justice ("DOJ") published guidance on website accessibility specific to how state and local governments (Title II of the ADA) and "public accommodations" (Title III of the ADA) can remove unnecessary barriers that make it difficult or impossible for people with disabilities to use websites. 

U.S. Department of Labor Focuses on Retaliation

26 April 2022

U.S. Department of Labor Focuses on Retaliation

Author: Michael Burns

Equal employment laws (EEO) have protections against employer retaliation. Retaliation is an adverse employment action an employer takes against an employee who, for example, whistle blows against their employer, makes a claim of discrimination, or even participates in a wrongful employment action investigation against the employer.

Ageism is Alive and Well and Running Rampant

22 March 2022

Ageism is Alive and Well and Running Rampant

Author: Anthony Kaylin

In a recent survey by the AARP, nearly 80% of older employees say they’ve seen or experienced age discrimination in the workplace. The percentage of jobseekers in February above the age of 55 who were “long-term unemployed,” meaning they’d been looking for a job for 27 weeks or more, was more than 36%, compared to around 23% among those between the ages of 16 and 54.

#BreakTheBias – Removing Road Blocks to Women’s Leadership Journeys

8 March 2022

#BreakTheBias – Removing Road Blocks to Women’s Leadership Journeys

Author: Heather Nezich

Yesterday, March 8th, was International Women’s Day, a global day celebrating the social, economic, cultural, and political achievements of women. The 2022 theme is #BreakTheBias.

Hiring Individuals with Disabilities is a Boon to Employers

1 March 2022

Hiring Individuals with Disabilities is a Boon to Employers

Author: Anthony Kaylin

According to the CDC, there are about 1 in 4 people in the U.S. or 61 million Americans that have some kind of physical or mental disability.  Not all disabilities are obvious such as paraplegia and quadriplegia, Muscular Dystrophy and Multiple Sclerosis, Cerebral Palsy, and amputation.  There are a number of Americans with hidden disabilities such as diabetes, cancer, epilepsy, dyslexia, color blindness, and more.  How many times have people seen someone with a disabled...
The No-Label Generation and Self-Identification

4 January 2022

The No-Label Generation and Self-Identification

Author: Anthony Kaylin

A growing issue today is identifying demographics, not of just applicants, but also employees.  While typically 1% to 2% of each group may not identify, today anecdotally it is being found at 10% to 15%.  There is a conflict today with 1960 and 1970’s regulations and today’s workforce that prefer no labels. Further, because of government reporting requirements and unknowns both by gender and ethnicity/race in the workforce, HR professionals are becoming more hesitant to...
7 Key Takeaways for Employers Regarding COVID-19 and ADA

21 December 2021

7 Key Takeaways for Employers Regarding COVID-19 and ADA

Author: Heather Nezich

The Equal Employment Opportunity Commission (EEOC) just released guidance to clarify under what circumstances COVID-19 may be considered a disability under the ADA and the Rehabilitation Act. This will likely become a more common issue in the workplace as COVID-19 continues to spread and have a lasting effect on some.

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