March 20, 2015
FMLA Definition of “Spouse” Expanded
In February, the U.S. Department of Labor, Wage and Hour Division issued a proposed change to the Family and Medical Leave Act’s definition of “spouse” to include all legal same-sex marriages. The regulations are being revised in order to comply with the Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (“DOMA”) to be unconstitutional.
January 7, 2015
Department of Labor Expands Protected Classes for Federal Contractors
On December 9, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) under the U.S. Department of Labor published a Final Rule that prohibits federal contractors and subcontractors from discriminating in employment on the grounds of sexual orientation and gender identity.
October 23, 2014
Honest Belief Defense Unavailable for FMLA Interference Claims
Earlier this month, the United States District Court, S.D. Ohio ruled that an employer may not rely upon an honest belief that an employee was abusing FMLA leave as a legitimate, non-discriminatory reason to terminate an employee. The honest belief rule is ordinarily available to employers as a defense against claims of employment discrimination.
July 29, 2014
Pregnancy-Related Impairments as Disabilities Under the ADA
On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated Enforcement Guidance on Pregnancy Discrimination and Related Issues. The Pregnancy Discrimination Act (“PDA”), 42 U.S.C. § 2000e(k), was enacted in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act.
March 6, 2014
Office Pools, Solicitation, and Distribution: How to Deal with the Madness
Men’s college basketball teams from the Midwest have historically made a strong showing in the NCAA tournament. Whether it is a hometown team or an alma mater, employers can expect that their employees will be invested in the tournament in some way. One common manifestation of this devotion to the NCAA men’s basketball tournament is the office pool.