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EEOC Issues Document on Preventing Military Service Employment Discrimination

November 15, 2022

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On November 10th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document on employment discrimination based on military service. Specifically, the document describes federal protections from unlawful discrimination against service members and veterans. Called “Protections Against Employment Discrimination for Service Members and Veterans,” the document was j...

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New Workplace Mental Health Framework Issued

October 25, 2022

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On October 20th, 2022, Surgeon General Dr. Vivek Murthy released a workplace mental health framework outlining employee health and well-being. Overall, the Surgeon General’s Framework for Mental Health & Well-Being in the Workplace promotes the concept that workplaces play a prominent role in an employee’s health and well-being. Particularly given that the average worker spends half their l...

October 11, 2022

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CA Protects Off-Duty Cannabis Use

Recently, California Governor Gavin Newsom signed Assembly Bill 2188 (AB 2188) into law, protecting against discrimination for an employee’s off-duty cannabis use. In brief, AB 2188 amends the California Fair Employment and Housing Act (FEHA) to expand California’s longtime cannabis-friendly legislation into the workplace for the first time. The signing of AB 2188 makes California the leading s...

September 27, 2022

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EEOC Cracks Down Heavily on Workplace Disability Discrimination

In September 2022, the U.S. Equal Employment Opportunity Commission (EEOC) filed three separate lawsuits alleging workplace disability discrimination. The lawsuits were filed in New York City, Florida, and Maryland. The three cases involved a failure to provide reasonable accommodations and hiring and firing discrimination. As the EEOC filed these three disability discrimination lawsuits in the...

August 30, 2022

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Legal Update: Off-Duty Marijuana Use

Two recent legal developments affect employers with cannabis users in the workplace and further complicate the legality of off-duty marijuana use. The developments give opposing insights into the direction other states will take on the issue of off-duty marijuana use. Earlier this month, the Supreme Court of Nevada (the Court) upheld a district court’s dismissal of a lawsuit involving off-duty ...

August 23, 2022

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Fourth Circuit Rules Gender Dysphoria is a Disability Under the ADA

On August 16th, 2022, the U.S. Court of Appeals for the Fourth Circuit (the Fourth Circuit) ruled that gender dysphoria is a disability under the Americans with Disabilities Act (ADA). The Fourth Circuit hears appeals in the states of Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The ruling reversed an earlier Virginia trial court’s decision to dismiss a lawsuit brought...

August 2, 2022

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ADA Allows Employers to Punish Behavior Caused by a Medical Condition

In July, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) upheld an earlier district court’s ruling that the Americans with Disabilities Act (ADA) allows employers to discipline employees for behavior caused by a medical condition. Whereas employment decisions based on a disability itself remain illegal, the Fifth Circuit decided that the ADA does not protect disability-caused be...

July 19, 2022

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Updated Guidance on How EEO Laws Cover COVID-19 in the Workplace

On July 12th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on how Equal Employment Opportunity (EEO) laws cover COVID-19 in the workplace. The guidance features a series of technical assistance questions and answers that clarify how employers should address COVID-19-related scenarios under the Americans with Disabilities Act (ADA) and the Rehabilitation Act...

May 24, 2022

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Court Rules Temporary Conditions Can be Disabilities Under the ADA

Recently, the United States Court of Appeals for the Ninth Circuit (the Ninth Circuit) made a decision regarding the Americans with Disabilities Act (ADA), ruling that temporary medical conditions can be considered disabilities under the ADA. The Ninth Circuit’s decision follows recent rulings in similar cases out of other federal appellate courts. In each previous case, the court found that tr...

Jury Awards $450K in Disability Discrimination Lawsuit

May 24, 2022

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A jury for the Commonwealth of Kentucky, Kenton County Circuit Court Division IV concluded that an employer wrongfully terminated an employee following the worker’s anxiety attack in a recent disability discrimination lawsuit. In brief, the jury found that the employee’s documented anxiety disorder qualified as a disability. The jury also decided the employer failed to grant the employee’s requ...

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U.S. Department of Labor Issues New Opinion Letters on Overtime Exemptions, Bonuses, and Compensable Time

On May 29th, 2026, the U.S. Department of Labor (DOL) released several new opinion letters addressing key wage & hour issues. Specifically, one of the four documents informed readers whether an exempt employee could perform additional work in a secondary role at an hourly rate and still be eligible...

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Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data

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