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Employment Law

Court tosses anti-vax claim of religious exemption

09/15/2022
Handling requests to reasonably accommodate employees’ religious beliefs or practices can be tricky because the law defines religion rather loosely. Workers with beliefs clearly far outside mainstream religions are still protected from employment discrimination.

SHRM lawsuit puts spotlight on evaluations

09/15/2022
The best way to defend against a surprise discrimination lawsuit is to conduct accurate, regular reviews that assess a worker’s performance using as many objective standards as possible. Those evaluations then serve to back up any disciplinary action you take, even if the employee files an internal bias complaint and follows up with a lawsuit claiming subsequent discipline amounted to retaliation.

Public approval of labor unions highest in 57 years

09/15/2022
Almost seven in 10 Americans have a favorable view of labor unions, according to a Gallup poll released Aug. 30.

Take care when adopting AI for use in HR

09/15/2022
Artificial intelligence has become an indispensable HR tool. But like most tools, AI can be dangerous if it is not used properly.

Beware shutting down to avoid unionization

09/15/2022
Organized labor is enjoying a renaissance. In the first nine months of the fiscal year, union representation petitions filed with the National Labor Relations Board have increased 58%. For employers, the trend means employees may be far more likely to unionize than ever before.

Dobbs follow-up: First court decision addresses HIPAA’s privacy provisions

09/12/2022
A federal court weighs in on employee privacy concerns in the wake of new state medical reporting rules.

Pulling accommodation? You need a business reason

09/08/2022
It can be legally risky to withdraw an ADA reasonable accommodation that has been previously approved and implemented. However, it’s not impossible—if the employer can demonstrate a solid business reason why the change was necessary.

Gender dysphoria considered ADA disability

09/08/2022
For the first time, a federal appeals court has ruled that the ADA’s definition of disability includes a condition known as gender dysphoria.

NLRB proposes worker-friendly joint-employer rule

09/08/2022
The National Labor Relations Board on Sept. 6 released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act.

Leave medical history out of hiring and firing decisions

09/01/2022
Remind supervisors never to consider an applicant’s or employee’s medical history when making hiring, firing or other employment decisions. That’s true even if a worker’s medical condition may cause health insurance premiums to rise or result in frequent absences.