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Category Archives: Employment Discrimination
Update: Families First Coronavirus Act
The Department of Labor issued new guidance over the weekend regarding the Families First Act, including important definitions and clarifications. I broke down the new guidance into the overall framework of the new EFMLA and EPSLA in this recorded webinar. … Continue reading
Posted in COVID-19, DOL, Employment Discrimination, FMLA, Leave Laws
Tagged Coronavirus, COVID-19, Department of Labor, Department of Labor; DOL; Overtime; Final Rule; White Collar Exemption; Salary Threshold; HCE Threshold, Discrimination, Employment, FMLA, Massachusetts, Paid Family and Medical Leave
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The Coronavirus and Its Impact on the Workplace
With cases of the novel coronavirus (COVID-19) significantly on the rise, the World Health Organization declaring the coronavirus outbreak a pandemic, and Governor Baker recently declaring a state of emergency in the Commonwealth, employers should be prepared to address a number … Continue reading
Posted in Employee Benefits, Employment Discrimination, FMLA, Leave Laws
Tagged CDC, COVID-19, Employment, Massachusetts, OSHA
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EEOC Releases 2017 Enforcement & Litigation Statistics
The Equal Employment Opportunity Commission (“EEOC”) – the federal agency tasked with enforcing certain federal employment laws – recently released its fiscal year 2017 Enforcement and Litigation Statistics. In fiscal year 2017, the EEOC resolved 99,109 charges of discrimination. In … Continue reading
Posted in EEOC, Employment Discrimination
Tagged charges, Discrimination, EEOC, enforcement, litigation, retaliation
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Sexual Harassment Settlements as Tax Policy: Non-Deductibility of Payments and Legal Expenses
The Tax Cuts and Job Act passed by Congress on December 22, 2017, includes a surprising provision that may have a significant impact on settlements of sexual harassment and other claims. Under Section 13307 of that Act, the Internal Revenue … Continue reading
Employees May Now File Discrimination Complaints Online with the EEOC
On November 1st, the Equal Employment Opportunity Commission (“EEOC”) launched an online system that allows employees nationwide to inquire about potential discrimination and electronically sign and file discrimination charges against their employers. Following initial filing, the online system will permit … Continue reading
Posted in EEOC, Employment Discrimination
Tagged charges, complaints, Discrimination, EEOC
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Massachusetts Enacts Pregnant Workers Fairness Act
On July 27, 2017, Governor Charlie Baker signed the Massachusetts Pregnant Workers Fairness Act (“PWFA”). Historically, courts have struggled with the issue of whether pregnancy is a “disability” that must be accommodated under the Americans with Disabilities Act (the “ADA”) … Continue reading
EEOC Publishes Proposed Guidance on Unlawful Employee Harassment
The Equal Employment Opportunity Commission (“EEOC”) recently published proposed enforcement guidance regarding unlawful harassment in the workplace. The proposed guidance, if adopted, would substantially update the EEOC’s current guidance, which only addresses sexual harassment (and which went into effect in … Continue reading
Posted in EEOC, Employment Discrimination
Tagged EEOC, Employment Discrimination, Enforcement Guidance, harassment
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The Moral of the Story: Playing Doctor is not a Human Resources’ Function
When an employee presents with an illness or injury and seeks leave or an accommodation, there is an unfortunate temptation for the manager or human resources professional to assume the guise of a medical practitioner and diagnose the legitimacy of … Continue reading
Is a “Love Contract” Right for Your Office Lovebirds?
Is love in the air at your office? Unfortunately, such romances can become nightmares for employers, as workplace romances can lead to accusations of unfair treatment, sexual harassment, retaliation, and even workplace violence. For these reasons, employers may wish to … Continue reading
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