Employment Law Blog

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...

Do District of Columbia Workplace Laws Apply to Employees in this Region who are Working Remotely? 

April 27, 2021
As a general rule, employees are protected by the antidiscrimination and other workplace laws of the state in which they work. With the proliferation of remote work during the COVID-19 pandemic, however, it can be challenging to determine which states’ laws apply to employees’ legal claims. If, for example, an individual works...

When Is Opposition to Discrimination Not Protected Conduct?

April 7, 2021
An employer unlawfully retaliates against an employee when it takes an adverse action against her because she engaged in protected conduct. Under the anti-discrimination laws, an adverse action is anything that would tend to deter people from complaining about illegal conduct, such as putting an employee on a performance...

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