The High Court Provides “Clarification” Regarding “Undue Hardship”
Gerald Groff began working for the United States Postal Service in 2012. At that time, there was no requirement that he work Sundays. When USPS started Sunday deliveries for Amazon, Groff requested, and received, a transfer to a small USPS station that did not make Sunday deliveries
Continue Reading →Attention California Employers! New Guidance for Complying with Expanded Pay Data Reporting Requirements
March 07, 2023
Effective this year, Senate Bill 1162 significantly expanded the employer pay data reporting requirements of California Government Code section 12999. The California Civil Rights Department (CRD) recently released guidance to help employers comply with the new requirements by the upc
Continue Reading →Paid Military Leave? Maybe.
February 16, 2023
In a “matter of first impression,” the Ninth Circuit Court of Appeals recently held in Clarkson v. Alaska Airlines, Inc. (No. 21-35473, Feb. 1, 2023) that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) requires employers to pay servicemembers while on militar
Continue Reading →Expanded Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know About the PWFA and the PUMP Act
January 26, 2023
On December 29, 2022, President Biden signed the Consolidated Appropriation Act, 2023, into law. In addition to providing $1.7 trillion in funding for the U.S. federal government for the 2023 fiscal year, the Act also adopted two acts implementing certain workplace rights and protecti
Continue Reading →COVID-19 as a Disability Under the ADA
December 14, 2021
On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) released guidance that workers with disabilities stemming from COVID-19 are protected from discrimination under the Americans with Disabilities Act (ADA) and may be eligible for reasonable accommodations. T
Continue Reading →SCOTUS Imposes Steeper “But For” Standard on § 1981 Claimants
April 08, 2020
In a recent decision (Comcast Corp. v. Nat'l Ass'n of African Am.-Owned Media, No. 18-1171, 2020 WL 1325816, at *1 (U.S. Mar. 23, 2020)), the Supreme Court held that an employee who allege claims race discrimination under 42 U.S.C. § 1981 have the burden of proving their race was the
Continue Reading →EEOC Issues Guidance Regarding Transgender Employees
May 19, 2016
The EEOC recently issued guidance regarding employers' obligations with respect to transgender employees. Key points: “Transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g., the sex listed on their birth certif
Continue Reading →The Supreme Court in Young v. UPS Establishes New Approach to Pregnancy Discrimination and Balks at Ruling for Either Party
March 30, 2015
On March 25, 2015, the Supreme Court of the United States in Young v. United Parcel Service, Inc. refused to rule in favor for either Plaintiff, Peggy Young, or Defendant, United Parcel Service, Inc. (“UPS”), and instead, vacated the Fourth Circuit’s ruling and remanded the case back
Continue Reading →A Punitive Damages Award of $185 Million: How to Avoid the Zone of AutoZone
December 12, 2014
There has been a lot of buzz about the gigantic punitive damages award recently handed down in a pregnancy and sex discrimination case in California. For us, it is an opportunity to examine what lessons can be learned. Lesson No. 1: Employers must thoroughly train their managers and
Continue Reading →ASARCO and BurnsBarton Urge 9th Circuit to Cut Punitive Damages Award
June 25, 2014
Asarco Urges 9th Circ. Panel To Cut Sex Harassment Award - Law360 6/19/14, 8:57 AM Portfolio Media. Inc. I 860 Broadway, 6th Floor I New York, NY 10003 By Brandon Lowrey Law360, Los Angeles (June 18, 2014, 10:01 PM ET) -- Arizona mining company Asarco LLC urged an en banc Ninth Ci
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