ELS Wins Jury Trial

In March 2022, working in conjunction with another law firm, ELS first-chaired a jury trial for a prominent client where the issue was “reverse” race discrimination concerning appointments/promotions. The plaintiff argued that the employer essentially had a quota system of replacing departing employees in the top ranks with individuals of the same race to keep […]

Talking Politics in the Workplace

Everyone is talking about the recently leaked United States Supreme Court draft opinion supposedly set to overturn Roe v. Wade. It’s all over the internet, TV news, the local paper, and, possibly, in your hallways and breakrooms. Should you try to limit that kind of discussion among your employees? Could you, legally, even if you wanted […]

EEOC 101: Knowing The Laws and Avoiding the Pitfalls

Thursday, July 15th / 12:30 PM – 4:10 PM (EST)  It’s not unusual for people who’ve taken on leadership roles to quickly realize the importance of having a working knowledge of EEO.  As a manager, team lead, HR representative or new business owner, understanding your responsibilities under the Equal Employment Opportunity Commission’s (EEOC) laws and […]

Excluding Employees From Post-Pandemic Workplace Culture Discussions Poses Risks

By Val Rusk Many employers – and employees – are thinking about what their workplace culture will feel like as onsite work increases. Employers are legitimately concerned that hybrid schedules, necessary accommodations, and other alternative work arrangements may negatively impact what they perceive to be their “secret sauce:” a vibrant, inclusive culture that builds relationships […]

Can Employers Ask Employees About Vaccination Status?

By Val Rusk Yes, you CAN ask your employees whether they have been vaccinated…. But employers should ensure their managers who may ask this question – including informally around the water cooler – know to stay away from any follow up questions that could implicate the ADA. Even if they don’t ask the question, well-meaning […]

EEOC RELEASES FISCAL YEAR 2020 ENFORCEMENT AND LITIGATION DATA

Agency Secures $439.2 Million in Monetary Benefits for Victims WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 67,448 charges of workplace discrimination the agency received in Fiscal Year (FY) 2020. The agency secured $439.2 million for victims of discrimination in the private sector and state and local government […]

EEOC ANNOUNCES EXTENSION OF ACT MEDIATION PILOT

ELS attorneys have always prioritized assessing cases and resolving them early, if possible. The EEOC’s ACT Mediation pilot has created more opportunities to resolve charges throughout an investigation.  The EEOC is extending a pilot program that expands opportunities to voluntarily resolve charges through mediation through Sept. 30, 2021. Although mediation is usually requested early in […]

How School Closures Will Affect Employers

By: Chandra C. Davis and Antoinette Trott From its inception, the coronavirus (COVID-19) has presented employers with a myriad of problems. What might have seemed like a small inconvenience at first has now grown into a much larger problem. The challenges employers face in the time of the coronavirus are far from over. With the […]

Georgia COVID-19 Pandemic Business Safety Act

Georgia joins a number of other states that have tried to limit the liability for businesses from injury and death caused by the coronavirus. The Georgia COVID-19 Pandemic Business Safety Act (the “Act”), addressing the business risks of operating during COVID-19, became effective Friday, August 7, 2020. The Act shields healthcare facilities, healthcare providers, entities, […]

On the Basis of Sexual Orientation in The Workplace

By Terry Ann Campbell, ELS Summer Associate Seven years ago, Gerald Bostock was fired from his job as a Child Advocate for being gay. Despite his previous years of exemplary service, Mr. Bostock was let go by his employer for actively participating in a gay softball league. Consequently, legal action ensued that ended up in […]