In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment to happen or was substantially certain it would. This holding represents a clear break from the EEOC and most other …
$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price
A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant liability. On July 26, 2024, a Franklin County, Ohio jury awarded $27 million to the estate of Gregory Coleman Jr., who was …
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A New Era of Maternity Rights: Understanding the PWFA and the PUMP Act
Within the past year, the rights of pregnant workers have considerably increased within the workplace. The expansion started with the Pregnant Workers Fairness Act (“PWFA”), which President Biden signed into law in late 2022. The PWFA took effect in June 2023. The PWFA requires that employers provide reasonable accommodations to pregnant employees. Additionally, the Consolidated …
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The Difficulty of Defining a Disability—Anxiety
In today’s world, countless individuals suffer from anxiety in its various forms. According to the World Health Organization, in 2019, 301 million people in the world had an anxiety disorder, which makes anxiety disorders “the most common of all mental disorders.”[1] But is “anxiety” a “disability” in a legal sense? Is someone with “anxiety” entitled …
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Employers – Post the New EEOC Poster in Your Workplace (It is REQUIRED)
On October 20, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new workplace poster titled: “Know Your Rights: Workplace Discrimination is Illegal.” According to the EEOC, covered employers* must post this poster within the workplace going forward. Those who do not comply may be subject to fines for noncompliance. The law currently requires covered …
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PAY TRANSPARENCY AND PAY EQUITY IN ONTARIO
Pay transparency and pay equity legislation is coming to the forefront across North America, and corporate policies concerning those topics, irrespective of legislative action, will be important due to the tight labour market caused by the pandemic and the retirement of the Boomer generation. Here is a primer on pay transparency and equity developments in …
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What Educational Institutions Should Know About Title IX and the Proposed Title IX Regulations
Primary, secondary, and higher education institutions employ over 11 million people nationwide and provide educational services to many more students. At a national level, more than 8 million people are employed by primary and secondary schools. (See Bureau of Labor Statistics, May 2021.) Another over 3 million people are employed by colleges and universities in …
The Michigan Supreme Court Holds that Discrimination on the Basis of Sexual Orientation is Prohibited by the Elliott-Larsen Civil Rights Act
On July 28, 2022, in a 5-2 opinion, the Michigan Supreme Court held that the prohibition of discrimination “because of… sex” in the Elliott-Larsen Civil Rights Act (“ELCRA”) includes discrimination on the basis of sexual orientation. Rouch World LLC v Department of Civil Rights, No. 162482, July 28, 2022. Background There are two sets of background …
Growing Union Interest in the Cannabis Growing Business—What Employers Can Do Under the NLRA
The headlines are everywhere. Take The Guardian, for example, which recently published an article titled “Booming US cannabis industry seen as fertile ground for union expansion.” (Michael Sainato, The Guardian, July 31, 2022.) The piece touts the growth in the cannabis industry, noting that the sector grossed between $17.5 billion and $21.3 billion in revenue …
Reproductive Healthcare Issues for Employers Series, Part 5: Collective Bargaining Implications of the U.S. Supreme Court Decision in Dobbs
On June 24, 2022, the United States Supreme Court released Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. In our Reproductive Healthcare Issues for Employers series, we have discussed the impact of the Dobbs decision on abortion services as a non-taxable benefit under certain types of group health programs (Part 1), abortion-related …