Employment Law Blog

Congress Ends Forced Arbitration of Sexual Assault and Harassment Cases

March 29, 2022
On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The bill adds a new Chapter 4 to the Federal Arbitration Act (FAA), a law passed in 1925 to ensure that courts would enforce arbitration agreements contained in maritime contracts or other contracts “...

Texas Catches Up to the #MeToo Movement with New Legislation

December 14, 2021
In a surprising move, Texas Governor Greg Abbott signed into law three bills: Senate Bill 45 (“S.B. 45”), Senate Bill 282 (“S.B. 282”), and House Bill 21 (“H.B. 21), that will extend protections for sexual harassment victims in the workplace. Each bill took effect on September 1, 2021, revising vital parts of the Texas...

Protections for Employees Who Report Workplace Discrimination

September 30, 2021
While thousands of employees each year submit complaints of discrimination against their employers, many more experience workplace discrimination and do not submit a formal complaint or even report it internally. A 2016 study by the Equal Employment Opportunity Commission (EEOC) noted that three out of four individuals who...

Biden Administration Relies on Supreme Court Decision to Bolster LGBTQ+ Protections for Students and Employees

September 10, 2021
Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating against any individual “because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e–2(a). Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688, prohibits discrimination on the basis...

Seventh Circuit Bars Minister’s Claims of Sex- and Disability-Based Harassment

August 3, 2021
The ministerial exception stems from the First Amendment of the Constitution’s Religion Clauses and provides religious organizations a broad exemption from employment discrimination laws that would otherwise apply to the hiring and firing of ministerial employees.  The Seventh Circuit, sitting en banc, recently held on...

Can Employers Make COVID-19 Vaccinations Mandatory?

August 2, 2021
Now that the vaccines for COVID-19 are widely available in the United States, many schools are preparing for in-person instruction in the fall and more workplaces are starting to move away from remote work and bring their employees back into the office. Of course, many essential workers have remained in their workplaces...

Potential Implications of Supreme Court Decision on Employment Law

July 15, 2021
On June 17, 2021, the US Supreme Court released its decision in the case Fulton v. City of Philadelphia. The case was brought by Catholic Social Services, which claimed that the City government violated its First Amendment right to free exercise of religion by refusing to work with the foster care agency unless it agreed to...

Can Employers Shorten Discrimination Claim Deadlines by Contract?

July 7, 2021
Every legal claim has a time limit within which a person must file a lawsuit—or a complaint with a government agency—or give up the claim. This deadline is known as the “statute of limitations,” as it is often a time limit written in the statute that creates the legal claim. There are a variety of reasons legislators have for...

Coronavirus Questions and Answers: What Do Employees Need to Know

May 3, 2021
Updated May 3, 2021 While COVID-19 is first and foremost a public health crisis, it has increasingly become an economic crisis with devastating effects for workers across the country.  Recommendations from public health experts and resulting government dictates have led Americans to implement “social distancing” in an...

Whole Foods Case Demonstrates Limits of Title VII Protections for Private Sector Employees

May 3, 2021
A district court in Massachusetts has held that Whole Foods did not violate Title VII when it told its employees they could not wear masks and apparel referring to the Black Lives Matter (BLM) movement while at work. This outcome demonstrates the limits of Title VII protections against race discrimination and retaliation, as...

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