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
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Attention California Employers! New Guidance for Complying with Expanded Pay Data Reporting Requirements

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
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Paid Military Leave? Maybe.

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
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Expanded Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know About the PWFA and the PUMP Act

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
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COVID-19 as a Disability Under the ADA

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
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SCOTUS Imposes Steeper “But For” Standard on § 1981 Claimants

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 r
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EEOC Issues Guidance Regarding Transgender Employees

 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
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The Supreme Court in Young v. UPS Establishes New Approach to Pregnancy Discrimination and Balks at Ruling for Either Party

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
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A Punitive Damages Award of $185 Million: How to Avoid the Zone of AutoZone

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
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ASARCO and BurnsBarton Urge 9th Circuit to Cut Punitive Damages Award

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 ba
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