What’s Expected of You When Your Employee is Expecting

The EEOC has ramped up enforcement against pregnancy discrimination, filing four lawsuits in March 2018 alone. These types of lawsuits can result in expensive consent decrees that also obligate the employer to policy changes and EEOC monitoring. Making sure that policies and practices mirror what the EEOC and courts expect of employers when it comes …read more »

Poorly Drafted or Outdated Job Descriptions May Make ADA Claims More Difficult to Defend

An effective written job description clearly, accurately, and completely identifies and describes an employee’s duties, functions, and responsibilities. When employers create job descriptions that are inaccurate or when they allow descriptions that were accurate at the time of drafting to become outdated, they create legal risk. This is because an employer’s obligation to provide reasonable …read more »

EEOC Releases Strategic Plan for Fiscal Years 2018-2022

On February 12, 2018, the Equal Employment Opportunity Commission (“EEOC”) unanimously approved its Strategic Plan for fiscal years 2018 through 2022.  Congress requires federal government agencies like the EEOC to formulate strategic plans every four years and publish their plans on their website.  According to the EEOC, the Strategic Plan serves as the framework for …read more »

What Changes in Employment Laws Might We See Because of #MeToo?

The many #MeToo stories reported in the press have caused a flurry of discussion about potential changes to the legal landscape governing sexual assault and harassment.  Below is a summary of proposed legislation and other potential changes to keep an eye on: Potential Legislation Barring Mandatory Arbitration of Sexual Harassment Claims. Bipartisan bills have been …read more »

Getting S.M.A.R.T. About PIPs

As a quick Google search makes clear, performance improvement plans have a bad rap. Much (virtual) ink has been spilled on tactics for “surviving” a PIP, and consensus is that an employee who is put on a PIP should consider her days to be numbered. But it shouldn’t be this way. Employers that misuse PIPs …read more »

Ten Easily Overlooked Harassment Issues from the EEOC’s Proposed Guidance

With harassment increasingly in the news, employers need accurate, current advice on where the courts and the EEOC stand. The EEOC’s proposed enforcement guidance on unlawful harassment gives employers a comprehensive overview of the EEOC’s position. The final version of the guidance is expected to be released soon.  (The proposed guidance is available at https://www.regulations.gov/contentStreamer?documentId=EEOC-2016-0009-0001&contentType=pdf.) …read more »

Did You Keep Your New Year’s Resolution? New Regulations and Laws in 2018

With the beginning of each calendar year often comes a host of new laws and regulations.  And 2018 is no different.  Highlighted below are a couple of new laws/regulations in the areas of drug testing, paid sick and safe leave, minimum wage, and medical marijuana that may affect your workplace and require revisions to your …read more »

Take Care When Using Employee Fingerprint or Other Biometric Data – If Done Wrong, It Could Get You Sued

Employers are increasingly tracking employee work and movements using biometric data such as fingerprints, voiceprints, retinal scans, and facial images.  As revealed by the media attention to lawsuits against Facebook, Shutterfly, and other companies regarding their use of facial recognition technology, the public—and lawmakers—are becoming ever-more aware of the risks involved, including the possibility of …read more »

M2D Partner Corey E. Devine Named a 2018 Texas “Rising Star” in Management-Side Employment Litigation

The Firm is pleased to announce that Corey E. Devine has been selected to the 2018 Texas Rising Stars list in “Employment Litigation: Defense.” This is Corey’s seventh year appearing on the list. Each year, no more than 2.5 percent of the lawyers in Texas are selected by the research team at Super Lawyers to …read more »