Federal Employment Developments

Can an Employer Fire Me for My Speech Outside Work?

November 9, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies

Absolutely yes - depending on the circumstances. While we have grown up with the notion that free speech is sacrosanct in this country, the First Amendment actually only prohibits the government from restricting individuals’ speech. The restrictio... Read More..

Bias Against Jews Is a Form of Racism

November 9, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies

What is antisemitism? Under our anti-harassment law construct, organizations are likely undertaking the wrong analysis if they simply consider it a form of religious harassment. Judaism is a religion. Employers cannot discriminate against emplo... Read More..

DHS Incentivizes Employers to Enroll in E-Verify Program

November 9, 2023COVID-19, Federal Employment Developments, HR Policies

The window has now closed for employers to catch-up on physically inspecting work authorization documentation for individuals who were hired during the pandemic. At the same time, regulations from the Department of Homeland Security (DHS) that to... Read More..

Supreme Court Decision Suggests that LGBTQ+ Employees Have Lesser Protections than Others

August 22, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies

In workplace training programs, I will at times encourage participants to consider the case study – or a situation they are personally confronting – through a different perspective. You may not be too bothered by a situation in which a woman is t... Read More..

EEOC Guidance Provides Pathways and Considerations for Accommodating the Hearing Disabled

July 27, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies, Leaves and Accommodations

I currently stand on a precipice, as the waning days of Disability Pride Month this July also represent a final countdown to when a cochlear implant surgery will make me a bionic woman. It appeared an opportune time to review the recent updates t... Read More..

Similar Standards Now Apply When Considering Accommodation Requests for Religion or Disability

July 25, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies, Leaves and Accommodations

Employers need to consider employees’ requests for religious accommodations from a much more supportive perspective as a result of a recent decision from the U.S. Supreme Court. In Groff v. DeJoy (June 29, 2023) the Court held that that ... Read More..

Employer DEI Programs May Face Challenge Under Statements in Supreme Court Decision on Racial Preferences

June 30, 2023Federal Employment Developments, HR Policies

EEOC Chairwoman Charlotte A. Burrows shared an atypically short Read More..

Geographic Distances Disappear When Determining Remote Workers’ FMLA Eligibility

June 6, 2023Federal Employment Developments, Leaves and Accommodations

One of the more enduring effects of COVID has been the dispersion of employees to jurisdictions that may be far outside the employer’s anticipated commuting distance. Remote work enables organizations to retain employees who relocated for various... Read More..