Equal Employment Opportunity Commission (EEOC)

Responsiveness to an employee’s complaint about workplace concerns not only enables the employer to gather the best information, it also provides the employer with the opportunity to resolve internal problems before they become widespread. Given every complaint could turn into
Continue Reading A Checklist for Conducting Workplace Investigations

Most employers run background checks on prospective employees when hiring. Some employers have policies in place that allow them to conduct background checks on current employees. Below are several examples of instances in which employers may choose to do so:
Continue Reading Can Background Checks be Conducted on Current Employees?

A recent Pennsylvania case provides a good reminder that retaliation claims can arise long after an employee is no longer employed and that employers need to keep potential retaliation claims in mind when responding to reference checks on former employees.
Continue Reading Retaliation Claims Can Arise Long After Employment Relationship Ends

U.S. Supreme CourtThe United States Supreme Court will decide three cases in October 2019 to determine if Title VII of the 1964 Civil Rights Act guarantees protections from workplace discrimination and harassment to employees on the basis of gender identity or sexual
Continue Reading How Will SCOTUS’ Upcoming Cases Affect Title VII?

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its annual report of enforcement and litigation data for fiscal year 2018. The report provides a snapshot of employment discrimination law in the U.S. and often indicates trend lines, providing insight
Continue Reading EEOC Annual Report Offers Insight into Employment Discrimination Claims

As the longest government shutdown in history has come to an end, the U.S. Equal Employment Opportunity Commission recently released guidance for employers faced with upcoming EEO-1 submission deadlines and responding to charges of discrimination filed during the government shutdown.
Continue Reading EEOC Issues Guidance on Submission Deadlines Impacted by Government Shutdown

Lactation Room Sign

We recently highlighted the “Act to Establish Pay Equity,” which was spearheaded by the SC Women’s Rights & Empowerment Network (WREN).

WREN is also supporting the “South Carolina Lactation Support Act” that expands upon the Pregnancy Accommodations Act by providing nursing employees with the right to break time and private space to express milk in their workplaces. A key provision of the Lactation Support Act is that it would apply to all employers, regardless of the number of employees.
Continue Reading What Would the Lactation Support Act Mean for SC Employers?

Pregnant woman at workThe South Carolina Pregnancy Accommodations Act, found here, was signed into law on Friday, May 18, 2018. The Act amends the South Carolina Human Affairs Law. In passing the legislation, the General Assembly stated,

It is the intent of the General Assembly by this act to combat pregnancy discrimination, promote public health, and ensure full and equal participation for women in the labor force by requiring employers to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or related medical conditions. Current workplace laws are inadequate to protect pregnant women from being forced out or fired when they need a simple, reasonable accommodation in order to stay on the job. Many pregnant women are single mothers or the primary breadwinners for their families; if they lose their jobs then the whole family will suffer. This is not an outcome that families can afford in today’s difficult economy.
Continue Reading South Carolina Pregnancy Accommodations Act

According to the Centers for Disease Control (“CDC”), the United States experiences a flu season each year. With this year’s flu season considered one of the worst since the 2009-2010 pandemic, many employers wish to implement policies to protect the workplace and wonder whether they can implement policies mandating vaccination for their employees. This desire is particularly present in healthcare because those employees are charged with protecting patient safety and more often exposed to patients with compromised immunity.
Continue Reading Employer Policies Involving the Flu Vaccine and Discrimination Under Title VII