By: Alexandra (Sasha) Chepov and Oyvind Wistrom April 24, 2024 On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. The regulation will go into effect on June 18, 2024. By way of background, […]
By Alexandra “Sasha” Chepov In recent years, employers have adopted a wide variety of algorithmic decision-making tools to assist them in making employment decisions such as recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal and referral. These tools have been increasingly utilized by employers in an attempt to save time and effort, increase objectivity, […]
By: Oyvind Wistrom The Seventh Circuit Court of Appeals in EEOC v. Wal-Mart Stores East, L.P., No 21-1690 (7th Cir. Aug. 16, 2022) recently recognized that an employer has the right to exclude pregnant workers from its light duty work program created for employees injured on the job. While the case addressed only the exclusion […]
By: David Keating Throughout the pandemic, the Equal Employment Opportunity Commission (“EEOC”) has continuously updated its COVID-19 Guidance to provide employers with assistance on issues arising under the antidiscrimination laws that it enforces. Yesterday, the EEOC added a new section to clarify under what circumstances COVID-19 may be considered a disability under the Americans with […]
By: Oyvind Wistrom On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) released updated guidance on the responsibilities and rights of employers and employees related to the COVID-19 vaccine, including mandatory employer vaccination programs. The publication entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” is […]
By: Oyvind Wistrom and Sally Piefer The NBA has suspended play. The NCAA tournament has been cancelled. The World Health Organization (WHO) has now declared that the COVID-19 Coronavirus is a pandemic. Either your business has already been directly or indirectly affected or it inevitably will be affected by COVID-19. What can you do as […]
By: Kristofor L. Hanson & Christopher J. Saugstad November 25, 2019 The Seventh Circuit Court of Appeals recently clarified its position concerning reassignment as an accommodation under the Americans with Disabilities Act (the “ADA”). Under the ADA, employers have an affirmative duty to reasonably accommodate an employee’s disability. While engaging in the interactive process to […]
By: Jonathan T. Swain February 13, 2017 In his recently published proposed biennial budget for fiscal years 2018 and 2019, Governor Walker has proposed to eliminate the Wisconsin Labor and Industry Review Commission (LIRC). LIRC is an independent three member commission appointed by the Governor that currently handles all appeals of Administrative Law Judge (ALJ) […]
By: Daniel Finerty & Oyvind Wistrom Employers that have endured the Equal Employment Opportunity Commission’s charge process concerning allegations of discrimination, harassment or retaliation know that an effective, persuasive position statement responding to a charge is critical to securing a successful outcome. For years, employers could be assured that the EEOC would not share its […]
As labor and employment attorneys, we often sound like broken records in counselling our clients on the importance of documenting the performance deficiencies of poor performing employees. It cannot be overstated how compelling strong and contemporaneous documentation can be to demonstrate the actual reason an employer disciplines, demotes or terminates an employee who is not […]