Supreme Court Establishes New Framework for Pregnancy Accommodation Cases

Employers often have occasion to consider the scope of their responsibility to accommodate pregnancy-related work restrictions, and there have been sharp disagreements over the correct interpretation of federal law on this issue.  On March 25, 2015, the U.S. Supreme Court has clarified the employer’s federal obligations in Young v. United Parcel Service, Inc., No. 12-1266, […]

Responding to Suspected FMLA Misuse

Suppose an employee requests two weeks of vacation, and the request is denied – perhaps on grounds of seniority or for operational reasons.  You then receive a doctor’s note stating that the employee needs two weeks of medical leave under the Family and Medical Leave Act (FMLA) for precisely the same dates as the earlier […]

NLRB Announces Stricter Standards for Deferring to Arbitration Awards

When aggrieved employees bring Unfair Labor Practice (“ULP”) charges before the  the National Labor Relations Board (the “Board”), the allegations in a given charge may often duplicate grievances that have already been arbitrated, or could be arbitrated, under a collective bargaining agreement (“CBA”).  In such circumstances,  the Board will often decline to process a ULP charge and instead […]

Identifying and Removing Disparate Impact

Employers implementing a mass layoff often agonize over the decisions they have to make, not just because of the hardship for employees and the potential impact on the business, but because employees might claim their selection for layoff was discriminatory.  A recent paper published by Michael Feldman, et al., on the website, Certifying and […]