Protecting Employers Since 1985

EEOC Issues Controversial Final Enforcement Guidance On Workplace Harassment

By James B. Sherman / April 30, 2024

On Monday this week the EEOC raised eyebrows when it published its long-awaited final take on harassment law. The guidance is aimed at educating employers and employees alike, but will no doubt be used by plaintiff and defense lawyers in court. Consequently, employers, HR professionals, and consultants are well advised to become aware of what…

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Employer’s Job Description Not Detailed Enough For Quick Win In ADA Failure To Accommodate Case

By James B. Sherman / April 27, 2024

Job descriptions with lifting, standing, mobility, and/or other essential requirements are ubiquitous across all industries. EEOC interpretive regulations and numerous court decisions give deference to the judgement of employers as to what are the “essential functions” of the jobs they provide. Written job descriptions are presumed to accurately reflect essential functions. Why is this important?…

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Eleventh Circuit Puts The Breaks On Florida’s Individual Freedom Act (a/k/a “Stop Woke Act”) 

By James B. Sherman / March 29, 2024

Florida Governor Ron DeSantis and the Sunshine State’s legislature have been aggressively opposed to certain fringe elements of DEI initiatives. In 2022 they enacted the Individual Freedom Act to prevent schools as well as employers from subjecting students or workers to instruction or training that compels them to believe in various banned subjects.  Among the…

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NLRB Decision Finds Home Depot USA, Inc. Constructively Discharged Minnesota Employee Who Refused To Remove A BLM Insignia From His Store Apron   

By James B. Sherman / March 28, 2024

While Florida’s court battle over DEI may not be over, oddly enough, workers opposed to mandatory DEI training may have better luck going to the National Labor Relations Board.  For starters, consider that the Board’s General Counsel, Jennifer Abruzzo has declared in a memo that federal labor law protects the right of employees to refrain…

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APPEALS COURT ISSUES TWO DIVERGENT OPINIONS INTERPRETING THE MINNESOTA HUMAN RIGHTS ACT (MHRA)

By James B. Sherman / March 25, 2024

ONE DECISION HELD THAT ENSURING FAIR COMPETITION MIGHT PROVIDE A POWERLIFTING EVENT SPONSOR WITH A VALID BUSINESS REASON TO EXCLUDE TRANSGENDER ATHLETES FROM COMPETING AGAINST WOMEN, THE OTHER DECISION HELD THAT A PHARMACIST’S CONSCIENTIOUS OBJECTION TO DISPENSING A BIRTH CONTROL PILL THAT COULD “END LIFE,” IS NO DEFENSE TO A CLAIM OF PREGNANCY DISCRIMINATION  The…

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RECENT APPELLATE COURT DECISION PROVIDES IMPORTANT LESSONS ON THE IMPORTANCE OF TRACKING INTERMITTENT FMLA LEAVE/HOW NOT TO IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN

By James B. Sherman / February 29, 2024

This week the U.S. Court of Appeals for the Seventh Circuit, in Chicago, overturned a healthcare employer’s summary judgement win in an FMLA interference and retaliation case.  The case involved a managerial employee who in her employer’s view was terminated for performance – not meeting expectations – after being placed on a performance improvement plan,…

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DEI DONE RIGHT – EASIER SAID THAN DONE

By James B. Sherman / January 30, 2024

Promoting diversity, equity, and inclusion, or DEI in the workplace seems a worthy goal for any employer. After all it is the ethical thing to do, right? And if DEI is ethical, you might think it would be simple enough for any ethical business to implement. Just do the right thing by people, right?  But…

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Three New Year’s Resolutions For Employers In 2024

By James B. Sherman / January 2, 2024

The beginning of a new year is a time of reflection and resolve for positive change. Resolutions for self-improvement on health, relationships, and other personal goals abound. Some will fail to materialize. Many will be short-lived. However, in the business world changes are often imposed by law and cannot so easily be ignored. Here are…

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Minnesota Employers Must Post Notices Of New Sick And Safe Time Law, By January 1, 2024

By James B. Sherman / December 1, 2023

Minnesota’s new “Sick and Safe Time” law goes into effect as of January 1, 2024.  In general, the law requires employers to accrue a minimum of 1 hour of paid leave for every 30 hours worked by eligible employees (those who work at least 80 hours in a year), up to a maximum of 48…

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Seventh Circuit Reverses Course In The Case Of A Teacher Fired For Objecting, Based On His Christian Faith, To Using Transexual Student’s Preferred Pronoun

By James B. Sherman / August 31, 2023

Our readers may recall my June 30 E-Alert covering several significant Supreme Court decisions issued that day, including the ruling in Groff v. DeJoy.  In Groff, the Court “clarified” (a better term might be “increased”) the burdens employers are required to endure before they may lawfully refuse a request for religious accommodations based on “undue…

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