workplace policies

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By:  Abigail Cahak and Erin Dougherty Foley

Ever since Ann Hopkins was first told she wasn’t feminine enough, there has been a growing awareness of discrimination against individuals on the basis of sexual orientation and/or gender identity. Although these specific categories are not explicitly protected by Title VII, proposed legislation along with recent administrative and federal court decisions (which follow loosely on the heels of the Supreme Court’s ruling in United States v. Windsor) signal a trend toward formal protection against this type of discrimination in the workplace.

Title VII Doesn’t Protect Sexual Orientation & Gender Identity…Or Does It?

According to the Equal Employment Opportunity Commission (EEOC), it does. On August 13, 2013 the EEOC, Office of Federal Operations (OFO) issued its decision in Couch v. Department of Energy, EEOC Appeal No. 0120131136, finding that discrimination on the basis of perceived sexual orientation is covered under Title VII. The OFO concluded that “Title VII’s prohibition on the basis of sex includes discrimination on the basis of ‘gender’ . . . [and] fail[ure] to conform to gender-based expectations.”
Continue Reading ENDA the Line: Anticipating the Next Change to the Federal Law Landscape – Sexual Orientation and Gender Identity

By Uma Chandrasekaran

Employees are increasingly bringing the playground into the boardroom.  The Society for Human Resources Management’s 2011 survey found that 51% of employers had incidents of bullying in the workplace.  A growing number of states have taken notice of this concerning trend.   Since 2003, 25 states have considered Healthy Workplace Bills that would let employees sue for workplace…
Continue Reading Taking the Bull by the Horns: Is Workplace Bullying the Next Major Battleground in Employment Law?

By:  Erin Wetty

As we all know, the Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for known disabilities of employees to enable them to perform a position’s essential functions, unless doing so would result in undue hardship to the employer’s operations.  42 U.S.C. § 12112(b).  Under the ADA, selecting an appropriate and reasonable accommodation requires a highly individualized, case-by-case analysis, one that depends on the employee’s disability and the essential functions of the job. 

As discussed in our July 30, 2013 blog entry, the EEOC has concluded that employees may be entitled to a leave of absence as a reasonable accommodation, unless the employer demonstrates that holding open the position would impose an undue hardship.

At What Point Is Enough Enough?

Although the ADA does not mandate any specific time limit on the amount of leave a disabled employee may take as a reasonable accommodation, the majority of courts to consider the issue have found that a leave of absence cannot be indefinite. 
Continue Reading “See you in…well, I don’t know when”: Is an Unlimited Leave of Absence a Reasonable Accommodation Under the ADA?

By Ann Marie Zaletel and Andrew Crane

As we recently blogged earlier this week HERE, here is the continuation of our “Top Ten” handbook mistakes and tips on how to avoid them:

#5.       Having A Too Narrow Anti-Harassment Policy.  Employers sometimes limit their anti-harassment policy to sexual harassment.  Make sure that your policy prohibits all unwelcome conduct based on…
Continue Reading Top Ten Handbook Mistakes Continued: The Top Five

By Ann Marie Zaletel and Andrew Crane

An employee handbook is a key tool for employers.  However, if an employer isn’t careful, a handbook can create more problems than it solves.  So, from the home office in Sioux City, Iowa (drum roll, please…..) here are tonight’s “Top Ten” handbook mistakes and tips on how to avoid them.

#10.     Including A …
Continue Reading An Ounce of Prevention Can Be Worth A Pound of Cure: Top Ten Handbook Mistakes and How to Avoid Them