Labor and Employment Law Blog

Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution

If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically excludes “transsexualism” and “gender identity disorders not resulting from physical impairments” as within the meaning […]

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AC

EEOC Charges in Decline

Have a strengthening economy and declining unemployment numbers led to a decline in EEOC charges?  The most recent data strongly suggests a correlation between a tight labor market and the number of EEOC charges.  This week the EEOC released statistics on charges filed in its most recent fiscal year ending September 30, 2017.  Here are […]

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JL
Partner

Why Asking About Salary History Is Risky Anywhere

There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly. The premise behind […]

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JK
AC

Protecting Your Company Against the Perils of Office Parties

Be careful about throwing the type of office holiday party that gets everyone taken off the “Nice List.” In many circumstances, an employee’s bad behavior, or even their guest’s bad behavior, may be imputed to the employer that sponsors the event. Before you take a second look at your guest list, there are some tips […]

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AS
Former Associate

Idaho Human Rights Commission “Complaints”

The Idaho Human Rights Commission considers Title VII and other discrimination claims arising in Idaho.  For practitioners in other jurisdictions, the nomenclature there could lead to mistakes.  The kick-off there is not a “claim,” but a “complaint.”  This can be confusing and lead to the incorrect assumption that a claim has already been pursued to […]

| 1 min read | Tagged: , , ,
MM