EEOC Issues New Guidance On ADA-Compliant Use of AI For Employment Decision-Making

Bernadette Hunton
Bernadette Hunton
05/13/2022
For the first time, the EEOC has issued guidance on how to comply with the Americans with Disabilities Act (ADA) when using artificial intelligence (AI) for employment decision-making. Overall, the Q&A document reiterates familiar principles of ADA law: (1) provide reasonable accommodations for an applicant/employee with a disability; (2) don’t use testing tools that intentionally or unintentionally screen out disabled individuals; and (3)...
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Delaware Enacts Family and Medical Paid Leave Law

Bernadette Hunton
Bernadette Hunton
05/11/2022
Yesterday, Delaware became the latest state to pass a law requiring private employers to participate in an insurance program that will provide paid family and medical leave to workers who meet certain eligibility requirements.  The Healthy Delaware Families Act (Act) is similar to Maryland’s recently-passed Time to Care Act, as well as laws in 10 other jurisdictions that aim to ensure employees have access to paid time off for family and medical...
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Professors Are Not Widgets

Garrett Wozniak
Garrett Wozniak
05/05/2022
In a recent decision, Palmer v. Indiana University, et al., No. 21-1634 (7th Cir. Apr. 14, 2022), the Seventh Circuit Court of Appeals affirmed summary judgment in favor of Indiana University and its trustees in a suit brought by a lecturer in the school’s business marketing department.  Palmer, a lecturer and then senior lecturer, alleged that he was denied an early promotion because of his race and was paid less than a white colleague in...
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Don’t Refuse To Hire Someone Because Of Their Sex

Garrett Wozniak
Garrett Wozniak
05/03/2022
Better yet, don’t make employment decisions based on protected characteristics.  Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on account of race, color, religion, sex, and national origin, as well as retaliation by an employer against an individual who opposes or participates in a protected activity.  Disabilities are covered by the Americans with Disabilities Act.  Age is covered by the Age Discrimination in...
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A Deeper Dive Into Maryland's New Paid Family Leave Law

Randi Klein Hyatt
Randi Klein Hyatt
04/29/2022
As Eric Paltell blogged about earlier this month, Maryland is now the 10th state to offer paid family leave to employees.  Likely, many other states will follow suit.  Below is a Q&A to unpack further what is required by the "Time to Care Act." What Employers Are Covered? Any public or private entity that employs at least one individual in Maryland. Employers may be eligible for an exemption under the Act if they can establish that they...
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Handbook Receipt Language Dooms Mandatory Arbitration Clause

Randi Klein Hyatt
Randi Klein Hyatt
04/27/2022
Around the corner from our law offices is Nationwide Motor Sales Corporation (NMSC).  NMSC has been sued by a collection of current and former sales persons who claim Nationwide failed to pay them more than $1 million in commissions.  In response to the filed lawsuit, NMSC moved to compel arbitration, citing the Arbitration Agreement that is contained within its Employee Handbook.  The Fourth Circuit just held, in Coady v. Nationwide Motor Sales...
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Second and Third Opinions In FMLA Cases

Clifford Geiger
Clifford Geiger
04/22/2022
The United States District Court for the Middle District of Pennsylvania recently addressed the proper role of employer-sought second opinions, as well as third opinions, in FMLA cases. Wert v. The Pennsylvania State University (April 15, 2022). Brenda Wert was an accountant at Penn State University. She had a medical certification allowing her to take one day of FMLA leave per week for migraines. When she started taking more time, Penn State asked...
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Fourth Circuit Dismisses Vaccine Mandate Suit By Federal Employees

Clifford Geiger
Clifford Geiger
04/21/2022
Two federal employees sued President Biden, the Secretary of Health and Human Services, and the Secretary of Defense, seeking to enjoin Executive Order 14,043.  That Executive Order, with limited exceptions, requires that all federal employees be fully vaccinated against COVID-19.  The employees argued the vaccine mandate is unconstitutional and violates their rights to due process, privacy, and bodily integrity.  They asked the United States...
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More (Possible) Labor Pains

Darrell VanDeusen
Darrell VanDeusen
04/13/2022
Earlier this week I wrote about some developments in labor law.  I thought my second blog would be about something completely different.  But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...
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More That’s New in Labor Law

Darrell VanDeusen
Darrell VanDeusen
04/11/2022
It has been a big last few weeks in labor law circles.  First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago.  President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech.   The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...
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