Wednesday, July 30, 2014

Managing Pregnant Employees:

EEOC Offers New Guidance on the Treatment of Pregnant Workers

Regardless of industry, size, or geography most employers will, at some point, be faced with the issue of how to handle a pregnant employee.  On July 14, 2014, the EEOC issued new enforcement guidance on pregnancy discrimination.  This is the first new guidance that the EEOC has published on this issue in over 30 years and has important implications for employers and employees alike.

Wednesday, July 16, 2014

D.C. Enacts New “Ban the Box” Legislation

By former Associate Jack Blum

On July 14, 2014, the District of Columbia took another step towards limiting an employer's ability to inquire into the criminal history of job applicants as part of the nationwide “ban the box” movement.  The D.C. City Council unanimously passed the Fair Criminal Record Screening Amendment Act of 2014, which will now proceed to Mayor Vincent Gray and then the United States Congress for review.  Mayor Gray indicated to the Council on June 3, 2014 that he supported the measure, so its final enactment appears likely.

Tuesday, July 8, 2014

Supreme Court Agrees to Hear Key Employment Cases:

What This Will Mean for Employers

The Supreme Court agreed to hear a controversial case next year on the EEOC’s obligation to conciliate or negotiate with employers prior to the EEOC filing suit. While most EEOC charges result in the individuals seeking private counsel to pursue their claims, if the EEOC itself seeks to sue your company, Title VII of the Civil Rights Act of 1964 requires the EEOC to conciliate in good faith before bringing suit.  Over the years, both before and during the Obama Administration, the EEOC’s view of conciliation too often has essentially been we tell you what we are willing to settle for and you can accept or reject our settlement proposal as is.  The lower courts stand divided on whether the EEOC’s approach meets the statutory standard. 

Monday, July 7, 2014

Supreme Court Term Ends with Key Employment Decisions:

What They Mean for Employers

Burwell v. Hobby Lobby Stores Inc[JS1] .

On its last day of the term, the Supreme Court for the first time ruled, 5-4, that privately held corporations can have religious beliefs and concluded that the government cannot make all private employers cover the cost of contraceptive services. This decision undercuts a provision of the Affordable Care Act (“ACA”) that requires that certain preventive services, including birth control, be included in all health insurance plans.