Last month, Lanier Ford attorney Lauren Smith wrote about the EEOC’s federal-sector decisions involving application of the anti-discrimination protections of Title VII to transgender employees. The blog post noted that the federal-sector decision was not binding on private employers, but nonetheless gives important insight into the EEOC’s position on this issue.
Alabama law about firearms in the workplace
A business recently asked us about the Alabama firearms-in-the-workplace law, found at § 13A-11-90 of the Code of Alabama 1975. Concern about firearms in the workplace is certainly rational because of recent shootings at workplaces, as well as at pla
No size requirement for local governments to be sued for age discrimination
Today, the United States Supreme Court issued a ruling in Mount Lemmon Fire District v. Guido, a case we have been tracking over the last year. The ruling expands the scope of the Age Discrimination in Employment Act (ADEA) to allow claims against lo
OFCCP has changed its approach to compensation discrimination
On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) changed its approach to investigating compensation discrimination. The OFCCP issued Directive 2018-05 entitled “Analysis of Contractor Compensation Practices During a Comp
FMLA certification questions cause major headaches
In a case decided just last month, a federal court in Alabama illustrated the potential risk of making a fairly simple mistake under the Family Medical Leave Act (FMLA). Summary of facts The plaintiff-employee was hired as a full-time materials handl
OFCCP has sent out 1,000 advance audit notices to federal contractors
On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor (DOL) sent out 1,000 corporate scheduling announcement letters (CSALs). These letters notify a contractor that it will be audited for comp
Jun
10
Jun
09
The U.S. Supreme Court has unanimously provided some guidance about whether conciliation efforts between the Equal Employment Opportunity Commission (EEOC) and an employer accused of employment discrimination can be judicially reviewed. This guidance came in the case of Mach Mining, LLC, v. EEOC, decided on April 29, 2015.
Jun
03
The Occupational Safety and Health Administration (OSHA) announced new guidelines on June 1, 2015, for restroom access for transgender workers. The guidelines, which are not official standards or regulations, set out OSHA’s best practices for employers with transgender employees. These best practices include having written policies to ensure that all employees—regardless of gender—have prompt access to appropriate sanitary facilities that correspond with the employee’s gender identity.
May
29
A recent Presidential memorandum and a recent U.S. Supreme Court decision are likely to make a big difference in whether employers have to pay overtime to some managerial, administrative, or professional employees.
May
29
To assist employers in complying with the Family Medical Leave Act (FMLA), the Wage and Hour Division (WHD) of the U.S. Department of Labor has issued some model forms for use in the medical certification process. Using these forms is a great way for an employer to ensure compliance with the FMLA. These forms have recently been updated because of some changes to the FMLA. The new forms are available here: