Compliance Stuff

With Mother’s Day and Father’s Day approaching, employers may want to consider the benefits and protections afforded to employees who become pregnant or welcome a child to the family, as well as the employer’s legal responsibilities. Quick Hits Federal and state laws prohibit employment discrimination, harassment, and retaliation based on pregnancy. Employers may be required to provide leave and reasonable accommodations for employees experiencing pregnancy or childbirth, undergoing fertility treatments, or breastfeeding. Applying benefits and accommodations consistently can help employers reduce legal risk.   Legal Protections Several federal laws provide benefits and protect pregnant workers from discrimination, harassment, and retaliation in the workplace. In 1978, the Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 to prohibit employment discrimination based on pregnancy. Many states have similar laws providing benefits and legal protections for p...

We are about to put an employee on a Performance Improvement Plan. Can they sue us for employment discrimination? Many employers use Performance Improvement Plans, or “PIPs,” as a way to provide clear guidance and direction to employees. Employees given a PIP still have a job, and typically don’t lose any pay. But can a PIP be the basis for an employment discrimination claim? Until recently, the answer probably was “no.” Many courts in the U.S. had denied such claims, finding that placement on a PIP did not constitute a “material,” or “substantial” harm to the employee. But in 2024, the Supreme Court decision in Muldrow v. City of St. Louis concluded that there is no requirement of materiality or substantial harm to advance a discrimination claim under Title VII - rather, only “some harm” need be shown . And for more information on the impact of that decision, refer to our Littler 2 the Point,  What is the impact of  Muldrow v. City of St. Louis  on discrimination claims ...

  The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. The technical assistance documents align with several  executive orders  on DEI that President Donald Trump issued shortly after he took office—which are being challenged in court. Quick Hits The EEOC recently issued two documents to clarify what the Trump administration considers to be illegal DEI programs. According to these documents, discrimination may occur if race, sex, or another protected characteristic is just one deciding factor, not the sole deciding factor, in an employment decision. The guidance suggests employers should open all training and mentoring programs to all demographic groups. The guidance confirms that employee resource groups or affinity groups may be unlawful if they are not open to everyone. On March 19, 2025, the EEOC released a techn...