Gender Transitions in the Workplace

Employer obligations to employees that are considering and undergoing gender transition surgery are unclear. No federal employment law explicitly prohibits discrimination against transgender employees, but, some courts, including the Eleventh Circuit, have interpreted Title VII to prohibit such discrimination. See E.E.O.C. v. R.G. & G.R. Harris Funeral Homes, Inc. 884 F.3d 560 (6th Cir. 2018); […]

The Importance of Environmental Scans: Ensuring Compliance with Compensation Laws

Environmental scans can help you ensure that your company’s pay structure complies with federal and state compensation laws. Key federal compensation laws include the Fair Labor Standards Act (“FLSA”) and the Equal Pay Act (“EPA”). The FLSA is a broad compensation statute establishing minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and […]

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 […]

California Takes Steps to Push Gender Equality in the Board Room

Beginning on December 31, 2019, companies with principal executive offices (based on the corporation’s SEC 10-K filing) located in California will be required to have at least one (1) female on their board of directors. See S.B. 826 (Ca. 2018). California is the first state to enact such a measure, although, other countries, such as […]

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 […]