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How honest is honest enough in your job application? (UK)

In 2019 a Mr Easton applied for a role with the Home Office to work in the Border Force.  As part of that process he was required to fill in (without guidance) a blank box headed “Employment History” which he completed with details of prior roles held and the years in which each had begun … Continue Reading

UPDATE: US DOL Order Directing Departments to Cease Enforcement of Affirmative Action Requirements of EO 11246

Following President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 24, acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an agency Order instructing DOL employees to cease and desist “all investigative and enforcement activity” under Executive Order 11246 (Equal Employment Opportunity) as the Secretary said the DOL “no longer … Continue Reading

Another foot in the grave of workplace common sense? (UK)

“HMRC boss sending worker unwanted birthday card was harassment“, said the Times Online yesterday, surely a second nailed-on candidate for 2024’s No Good Deed Awards after a similar allegation earlier this year in relation to offering an older worker a chair. Needless to say, there is somewhat more to the story than that, so those … Continue Reading

Accommodating Disabilities Under the ADA: Just Because You Can Doesn’t Mean You Must (US)

Court explains that “feasible” isn’t always “reasonable.” It’s widely understood that the Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to individuals with disabilities to enable them to perform their essential job functions. What’s not so well understood is what exactly is a “reasonable accommodation,” and when and what job functions … Continue Reading

Entitled or Disabled? A Timely Look at Timeliness (US)

Did you see the latest viral TikTok, in which the TikToker complains that she was disrespected by a potential employer during an interview when she inquired about available accommodations for “time blindness” – a term apparently intended to describe her difficulty being on time? As of the writing of this blog, nearly 27,000 comments have … Continue Reading

Eleventh Circuit Says No ADA Failure to Accommodate Claim Without an Adverse Employment Action (US)

Squire Patton Boggs Summer Associate Tess Chaffee summarizes a recent opinion from the United States Court of Appeals for the Eleventh Circuit holding that an adverse employment action is required for a failure to accommodate claim under the Americans with Disabilities Act. Most employers are familiar with the Americans with Disabilities Act (“ADA”), which prohibits … Continue Reading

Employment Law in the Metaverse (US)

The metaverse is poised to reshape the way we live and work. Employment law in real life is vexing enough, with US employers required to navigate the complex federal, state and local laws and regulations that impact the employment relationship. Now some employers and businesses are making the leap into the virtual world, where employment … Continue Reading

UK government publishes its response to workplace menopause consultation – but is it right?

It certainly wasn’t the main talking point in Westminster in the middle of the country’s own meteorological hot flush earlier this month but on 19 July the government published its Response to Menopause and the workplace: how to enable fulfilling working lives, an independent report commissioned by the then Minister for Employment and published in … Continue Reading

Torres v. Texas Dept. of Public Safety: The Supreme Court Rules State Employers Are Not Immune from USERRA Lawsuits (US)

Squire Patton Boggs Summer Associate Clara Davis discusses the U.S. Supreme Court’s recent decision interpreting the Uniformed Services Employment and Reemployment Rights Act (USERRA). On June 29, 2022, the United States Supreme Court ruled that state sovereign immunity does not bar state employers from lawsuits under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). … Continue Reading

Animal magic – Assistance animals at work (UK)

So you’ve seen the news stories about the chap suing Sainsburys for not letting him in with his “assistance cat”, yes?  He suffers from severe autism and unless accompanied by his cat, finds the noise, lights and crowds within the store impossible to manage.  You would allow in a guide dog, he says, so what’s … Continue Reading

Letters from America – risks of discrimination in AI-backed recruitment processes (UK)

So following our recent post on proposed new regulations it’s not just the EU which is looking askance at the potential risks of artificial intelligence in recruitment.  From across the pond comes news that the US Department of Justice has warned employers to take steps to ensure that the use of AI in recruitment does … Continue Reading

EEOC Issues Reminder That Caregiver Duties Continue Even As COVID Surge Wanes (US)

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare … Continue Reading

The four day working week: revolutionising working life, one day at a time (UK)

The idea of a universal four-day working week – with the reduction in working time intended to bolster productivity and wellbeing – is not new. In 1956 Richard Nixon argued (perhaps a little prematurely) that “the four-day work week is inevitable”; from 2007-2011 Republican politicians in Utah redefined the week for State employees as from … Continue Reading

EEOC Opines Long-Haul COVID-19 Consequences May Constitute ADA Disability (US)

This past summer, we reported that President Biden expressed in a speech commemorating the enactment of the Americans with Disabilities Act (ADA) that his administration believes “long-haul” COVID may constitute a disability. Unlike mild cases of COVID-19 that resolve in days or weeks, long-haul COVID is marked by chronic symptoms that continue weeks or months … Continue Reading

COVID-19: what next for UK employers, Part 5 – are they at risk under the away goals rule?

Here is another good question from our What Next webinar a couple of weeks ago. More to follow soon. If someone whose role involves International travel has a medical condition which makes that travel undesirable in a post-pandemic World, would the capability dismissal process be applicable? Probably so, but we need to look at the … Continue Reading

EEOC Updates Guidance on COVID-19 Vaccination Incentive Programs (US)

Since the start of the pandemic, the EEOC has periodically updated its informal guidance to address emerging topics related to COVID-19, include regarding vaccination, which is top of mind for many U.S. employers. This week, the EEOC updated its informal guidance to address questions regarding COVID-19 vaccination and vaccination incentive programs. Takeaways from the updates … Continue Reading

Biden Administration Suggests Long-Haul COVID Illness May Constitute A Disability Under ADA (US)

On July 26, the 31st anniversary of the passage of the Americans with Disabilities Act (ADA), President Biden announced in a Rose Garden briefing that persons experiencing long-term COVID-19 symptoms may qualify as persons with disabilities under the Americans with Disabilities Act (“ADA”) and other federal statutes that protect persons with disabilities, such as Section … Continue Reading

Fourth Circuit: ADA Does Not Require Employers Create Job-Sharing Positions As A Disability Accommodation (US)

Squire Patton Boggs Summer Associate Sydney Finley summarizes a recent opinion from the United States Court of Appeals for the Fourth Circuit addressing an employers’ obligation to provide job-sharing as a reasonable accommodation under the Americans with Disabilities Act. The United States Court of Appeals for the Fourth Circuit—which covers Maryland, North Carolina, South Carolina, … Continue Reading

Not Vaccinated Yet? How About $100 For A Shot? Updated EEOC Guidance Confirms Employers Can Offer Employees Vaccination Incentives (US)

On May 28, 2021, the US Equal Employment Opportunity Commission (EEOC) updated its ongoing guidance on COVID-19 issues in the workplace to cover additional topics relating to vaccination of employees. This updated guidance addresses a number of questions that have been arising now that a majority of the adult US population has been fully vaccinated … Continue Reading

Arizona and Many Other States Begin Legislative Process to Protect Employees Against Discrimination Based on COVID-19 Vaccine Choices (US)

Currently pending before the Arizona legislature, Senate Bill 1648 would prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as … Continue Reading

Acas Issues Short Advice on Long Covid (UK)

Clearly a quiet week over at Acas Towers, judging by all the detailed advice and reasoned analysis which doesn’t feature in its new two-page guidance note on long Covid (also referred to in the guidance as “long-tail Covid”, which is the same but with more feathers). The main thrust of the guidance is notionally to … Continue Reading

US Federal Labor Viewpoints – Week of March 29, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of March 29. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

Arizona Expands State Law Employment Protections for Pregnant Workers (US)

Arizona employers are now expressly prohibited by state law from discriminating against employees on the basis of pregnancy or childbirth. On January 28, 2021, the Arizona Legislature passed, and on Thursday, February 4, 2021, Arizona Governor Doug Ducey signed into law, HB 2045, which amends the state civil rights statute to clarify that existing statutory … Continue Reading

EEOC Publishes Guidance on Employer Mandatory COVID-19 Vaccination Policies (US)

Last month we discussed whether employers will be able to require employees to obtain a COVID-19 vaccine as a condition of returning to, or remaining in, the workplace. We noted at that time that the conditions for and lawfulness of mandatory vaccination policies was unclear, but that guidance was anticipated from the US Equal Employment … Continue Reading
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