June 2, 2015
On Your Marks, Get Ready…Stereotype!
On Monday June 1, 2015, in EEOC v. Abercrombie & Fitch Stores [pdf] the United States Supreme Court, addressed the issue of whether an employer can be liable for refusing to hire an applicant or discharging an employee on a “religious observance and practice” if the employer doesn’t have actual knowledge that a religious accommodation is required.
May 29, 2015
DOL Releases Revised FMLA Forms
The U.S. Department of Labor (“DOL”) has released revised model Family and Medical Leave Act (“FMLA”) forms for employers’ use in administering and determining eligible FMLA leave. Under the terms of the Paperwork Reduction Act (“PRA”), the Office of Management and Budget (“OMB”) must review the FMLA forms every three (3) years.
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.
October 3, 2014
Religious Accommodation in the Workplace
Yesterday was the first day of the U.S. Supreme Court’s 2014-2015 term and the Court already has made a splash in employment law news. In EEOC v. Abercrombie & Fitch Stores, Inc., the EEOC has claimed that Abercrombie failed to provide a reasonable religious accommodation for a hijab-wearing job applicant. The district court granted summary judgment in favor of the EEOC and held that Abercrombie failed to provide a reasonable accommodation to its clothing policy.
