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July 16, 2022

Post-pandemic hiring practices

Many employers are evaluating their hiring practices after the pandemic as they assess on-site needs, efficiency, use of artificial intelligence, outsourcing and general recruitment practices. These are some solid best practices that employers should consider: 1. Post job openings and conduct an objective recruitment. Some employers have gravitated to promoting employees without posting roles. When a […]

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July 9, 2022

Court dismisses lawsuit filed by employees disciplined for wearing Black Lives Matter masks

Whole Foods employees who were disciplined in and around June 2020 for wearing Black Lives Matter masks cannot proceed with their discrimination complaint, according to a recent 3-0 decision issued by the First Circuit Court of Appeals. The employees represented a putative class of Whole Foods and Amazon employees who were sent home without pay […]

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July 2, 2022

Employment law considerations following the supreme court’s decision on abortion

The United States Supreme Court’s reversal of its prior decisions which had upheld certain constitutional rights to abortion and, as a result, leaving it up to state legislators to determine abortion rights, has left some employers questioning the impact of this decision on the workplace. Some employers immediately responded. For example, Dick’s Sporting Goods announced, […]

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June 25, 2022

Walgreens murder exposes weakness of managers failing to eradicate harassment

One of the most important responsibilities of a manager is to protect employees from harm, including harassment. In a horrific case from Colorado, 17-year-old Walgreens employee Riley Whitelaw is dead and her 28-year-old co-worker Joshua Johnson has been charged with first-degree murder after Whitelaw reportedly rejected the accused’s advances for over a year, and shared […]

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June 18, 2022

Sexual harassment suit can proceed in case where firefighters viewed a nude video of colleague

A female Texas firefighter, who claimed that her male colleagues viewed a nude video of her that was stolen from her personal computer, can proceed with her claim of sexual harassment against her former employer, according to a recent opinion by the 5th Circuit Court of Appeals. Jane Doe (name withheld to protect her privacy) […]

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June 11, 2022

Return to the office and COVID-19

Employees working for the Commonwealth of Virginia must return to the office July 5, unless they receive permission to telework one day a week from the agency head. For additional telework days, the employees must seek approval beyond the agency head within Governor Youngkin’s administration. The move by organizations to require employees to return to […]

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June 4, 2022

Religious accommodations not required if the accommodation impacts other employees

Former U.S. Postal employee Gerald Groff sued his employer, claiming it failed to provide him a reasonable accommodation for his religious beliefs. Title VII of the Civil Rights Act requires employers to provide reasonable accommodations to employees whose sincerely held religious beliefs conflict with a work rule unless doing so would create an undue hardship. […]

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May 28, 2022

Using artificial intelligence during the hiring process can violate the Americans with Disabilities Act

The use of artificial intelligence in the workplace has been at the center of the Equal Employment Opportunity Commission’s recent guidance on “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.” The guidance can help employers understand the ADA requirements when using AI in […]

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May 21, 2022

Employment discrimination and artificial intelligence, employers beware

Employers continue to find new ways to automate business practices, including using software programs that provide for artificial intelligence (AI) in a variety of employment practices, including recruitment. These new technologies, while promising in many respects, have garnered the attention of the Equal Employment Opportunity Commission, which last year launched the Artificial Intelligence and Algorithmic […]

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May 14, 2022

Pay your interns – regardless of whether the law requires it

Many high school and college students are about to begin their summer internships. Whether the employer is required to compensate them is determined by multiple factors and depends on federal and state law. Under the Fair Labor Standards Act, any “for-profit” employer must pay employees for their work. The current minimum wage in Virginia is […]

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