The Importance of Environmental Scans: Avoiding Claims of Systemic Discrimination

Environmental scans can help companies anticipate potential systemic discrimination claims before a lawsuit is filed. While most employment discrimination suits involve individual plaintiffs, this is not always the case. An alternate form of liability to which companies may be subjected is a systemic discrimination claim. See 42 U.S.C. § 2000e-6. Systemic discrimination claims argue that […]

#CheersTo5Years-The Pipeline, Vol. 4

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The Importance of Environmental Scans: What is an Environmental Scan?

Environmental scans are a great way to maximize your company’s potential. An environmental scan is the gathering, use, and monitoring of the company’s environment, internal and external, to detect potential threats. Environmental scans cover everything from casual discussions to formal programs of market research and organizational planning. Environmental scans maximize a company’s potential by allowing […]

Need a Religious Accommodation Request Form for Your Employees?

Title VII of the Civil Rights Act of 1964 (Title VII) requires employers to reasonably accommodate an individual’s religious practices or beliefs, unless the accommodation imposes an undue hardship on the employer’s business operations. The employer should complete a religious accommodation request formand provide it to the employee after the employer has engaged in an […]

Separation Notices

In Georgia, when the employment relationship ends, employers are required to provide departing employees with a separation notice.  Separation notices must be provided if an employee is fired, laid off, or quits. The notice is a one-page form document, DOL Form 800, available on the Georgia Department of Labor (“DOL”) website (https://dol.georgia.gov/documents/separation-notice-individual-dol-800). The employer must […]

Elective Organ Donations are Covered under the FMLA

The U.S. Department of Labor (“DOL”) recently opined in a published opinion letter that elective organ-donation surgery can qualify as a “serious medical condition” under the Family and Medical Leave Act(“FMLA”).  See U.S. Dep’t of Labor, Wage & Hour Div., Opinion Letter (Aug. 28, 2018). The surgery qualifies as a serious medical condition if it […]

Getting Ahead of the Age Game

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from making employment decisions based on an employee’s age.[1] However, uncertainty remains as to whether applicants can pursue age discrimination claims based on disparate impact in the hiring process. Disparate impact is a type of claim that allows an applicant or employee to sue […]

Nursing Mothers in the Workplace

Eight years ago, ELS Partner, Chandra C. Davis became a mother to a beautiful daughter. She, like many women, decided to breastfeed; but Davis also worked full time as an attorney. One morning, Davis had a deposition to attend and arranged to have two rooms reserved: one for the deposition and the other to use […]

Consider Modeling Your Company’s Sexual Harassment Policy after New York State’s Model Sexual Harassment Policy

Last week, New York issued its model sexual harassment policy and trainings aimed at curbing sexual harassment in the workplace.[1] Employers with business operations in New York should be aware of the new rules under New York law and update their sexual harassment policies as needed.  Even companies that do not conduct business operations in […]

State Equal Pay Laws

Most states have laws prohibiting wage discrimination based on sex. Most state equal pay acts grant exceptions for pay based on wage differentials other than gender, such as seniority or merit. Below is a chart of each state’s equal pay law. State Provisions Alabama None. Alaska Employers cannot pay females less than males for comparable work […]