All Items: Employee Management

  • Gender Identity, Gender Expression and Transgender Status in the Workplace

    Updated to include information on a federal district court case on whether Title VII prohibits sexual orientation discrimination.

  • The Bermuda Triangle Has Expanded: The FMLA's Intersection with the ADA, Workers' Compensation and More

    Revised to reflect the EEOC's guidance on leave as a reasonable accommodation.

  • Hot Topics in the Financial Services Industry

    Updated to reflect the Defend Trade Secrets Act, effective May 11, 2016.

  • Workplace Bullying

    There is no specific standard legal definition for what constitutes bullying, nor is there specific federal legislation in the United States that prohibits workplace bullying. However, employers could be liable under other theories of liability such as intentional infliction of emotional distress and negligent hiring. Accordingly, employers must take all necessary steps toward eliminating bullying and abusive behavior.

  • Hazy Future: Reconciling Federal and State Laws on Marijuana Use

    Updated to reflect recent changes with regard to state laws concerning medical and recreational use of marijuana.

  • The Reasonable Factor Other Than Age Defense Under the ADEA

    This legal insight analyzes Supreme Court precedent on the Reasonable Factor Other Than Age Defense and a new EEOC rule that makes it harder for employers to establish the RFOA defense in a disparate impact discrimination claim under the ADEA.

  • NLRB Issues Guidance on Social Media Policies

    Following on the heels of the August 2011 and January 2012 reports, Lafe E. Solomon, acting general counsel of the National Labor Relations Board, issued a third report on May 30, 2012, in the form of an Operations Management Memorandum, on NLRB cases involving social media.

  • California Gender Nondiscrimination Act

    California's Gender Nondiscrimination Act, AB 887, amends the California Fair Employment and Housing Act to add gender identity and gender expression as protected classes. This new law clarifies the terms "gender identity" and "gender expression" and protects transgender persons with respect to sex and gender.

  • Accommodating Religions in the Workplace

    Title VII of the Civil Rights Act of 1964 as well as myriad state and local laws prohibit employers from discriminating against employees and applicants on the basis of religion in all aspects of employment. This includes: hiring, termination, pay, promotions, benefits, job assignments or any other aspect of employment. In addition, Title VII and other antidiscrimination laws require an employer to offer a reasonable accommodation in order to resolve conflicts between an individual's sincerely held religious belief and a work rule or condition of employment, unless the accommodation would create an undue hardship for the employer.

  • Harassment in the Workplace

    In 2011, the Equal Employment Opportunity Commission (EEOC) received 11,364 complaints of sexual harassment and presided over the judgment of $52.3 million worth of benefits to harassment victims. These numbers do not even begin to take into account those harassment claims, settlements, and litigation verdicts that were not adjudicated by the EEOC. But one thing is clear: harassment claims are brought by employees on a daily basis and the resolution of such claims can be a very costly proposition to employers. This Legal Insight addresses some of the most common issues surrounding harassment law and provides a roadmap for employers to follow in order to understand and comply with harassment obligations.

About This Category

In depth analysis of employment law relating to employee management.