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Articles by Isaac Treadaway
Remember Your Obligations When Religion and DEI Training Collide
Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII of the Civil Rights Act of 1964’s protections against discrimination “based on . . . sex” included sexual orientation and gender identity, an increasing area of legal questions has arisen regarding the conflicts between LGBTQ+ employees’ rights and other employees’ rights to religious accommodation. These questions have increased since the Supreme Court’s decision in Groff v.
When religion and DEI training collide | JD Supra
With questions swirling regarding the perception of conflicting rights under Title VII between employees, sometimes in the context of diversity, equity and inclusion training, the Equal Employment Opportunity Commission’s recent decision in Barrett v. Vilsack allowed the EEOC to weigh in on religious accommodation requests in the context of LGBTQ+ discrimination and harassment prevention.
When religion and DEI training collide
Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII’s protections against discrimination “based on … sex” included sexual orientation and gender identity, an increasing area of legal questions have arisen regarding the conflicts between an LGBTQ+ employee’s rights and another employee’s right (in certain circumstances) to religious accommodation. These questions have continued to increase after the U.S. Supreme Court’s decision in Groff v.
What employers need to know about wage garnishments
Payroll garnishments — “continuing earnings garnishments” — are court-ordered procedures that require an employer to withhold certain amounts from an employee’s paycheck and send those amounts directly to a third-person individual or entity to whom the employee owes a debt. When a continuing earnings garnishment is received, the employer must garnish wages due for a period of six months or until that debt is repaid, whichever is first.
What employers needs to know about wage garnishments
Payroll garnishments — “continuing earnings garnishments” — are court-ordered procedures that require an employer to withhold certain amounts from an employee’s paycheck and send those amounts directly to a third-person individual or entity to whom the employee owes a debt. When a continuing earnings garnishment is received, the employer must garnish wages due for a period of six months or until that debt is repaid, whichever is first.
Supreme Court raises the standard for religious accommodations
At the close of its most recent term in late June,
the U.S. Supreme Court heightened the standard
for what qualifies as an “undue hardship” for religious accommodations required under Title VII of the Civil Rights Act of 1964. The unanimous ruling makes it easier for employees to seek and obtain such accommodations.
Supreme Court redefines "undue hardship" standard for Title VII religious accommodations | JD Supra
The U.S. Supreme Court recently heightened the standard for what qualifies as an “undue hardship” for religious accommodations required under Title VII of the Civil Rights Act of 1964, making it easier for employees to seek and obtain such accommodations. The unanimous ruling means that employers receiving requests for religious accommodations must carefully analyze requests—and must demonstrate a higher burden on business operations than previously required to deny requested accommodations.
Supreme Court redefines "undue hardship" standard for Title VII religious accommodations
The U.S. Supreme Court recently heightened the standard for what qualifies as an “undue hardship” for religious accommodations required under Title VII of the Civil Rights Act of 1964, making it easier for employees to seek and obtain such accommodations. The unanimous ruling means that employers receiving requests for religious accommodations must carefully analyze requests—and must demonstrate a higher burden on business operations than previously required to deny requested accommodations.
Appeals court finds visually impaired employee unqualified for his position | JD Supra
[author: Isaac Treadaway] In a case that helps employers understand what a “reasonable accommodation” is, the Eleventh Circuit Court of Appeals recently affirmed a lower court’s ruling of summary judgment for a Georgia employer who was accused of violating the American Disabilities Act. Scottie Lewis worked for the Georgia Power Company as a lineman. In this role, he was often asked to drive heavy machinery requiring a commercial driver’s license (CDL).
Appeals court finds visually impaired employee unqualified for his position
In a case that helps employers understand what a “reasonable accommodation” is, the Eleventh Circuit Court of Appeals recently affirmed a lower court’s ruling of summary judgment for a Georgia employer who was accused of violating the American Disabilities Act. Scottie Lewis worked for the Georgia Power Company as a lineman. In this role, he was often asked to drive heavy machinery requiring a commercial driver’s license (CDL).
Employment attorney Isaac Treadaway joins firm
McAfee & Taft, the state’s largest law firm, has announced the addition of Isaac Treadaway to its top-ranked Labor & Employment Group. A 2020 honors graduate of the University of Oklahoma College of Law, Treadaway returned to Oklahoma after previously working in the Dallas and Houston offices of two of the nation’s largest law firms. He is admitted to practice in Oklahoma, all state and federal courts in Texas, and federal court in New Mexico.
More Signs of Trouble for Non-Compete Agreements | JD Supra
Non-compete agreements have had a rough 2023, most recently with President Biden specifically calling them out on Tuesday evening during his State of the Union and emphasizing his Administration’s opposition to them. This, of course, is on the heels of the FTC’s recently announced proposed rule banning most non-compete agreements, as we recently reported. Congress now is also getting in on the action to ban non-compete agreements.
DOL Expected to Raise the Salary Basis Threshold | JD Supra
Under the FLSA, employees must receive overtime pay of at least one and one-half times their “regular rate” of pay for work in excess of forty hours per workweek. However, Section 13(a)(1) of the FLSA provides an exemption from overtime pay for individuals employed as bona fide executive, administrative, and professional employees and who receive pay on a “salary basis” of not less than $684/week. These exemptions are commonly referred to as the “white-collar” or “EAP” exemptions.
DOJ March 2022 Guidance on Website Accessibility | JD Supra
On March 18, 2022, the Department of Justice published guidance on website accessibility (“DOJ Guidance”) required by the Americans with Disabilities Act (“ADA”). The DOJ Guidance provides high level, plain language guidance of existing standards, rather than providing new details or clarifying content, and covers these topics: the importance of website accessibility, common accessibility barriers, when web content must be accessible, and how to make web content accessible.
OSHA's Vaccination and Testing ETS May Be Dead, but OSHA Citations Are Not | JD Supra
On January 13, 2022, the United States Supreme Court sent a clear message to OSHA regarding its Emergency Temporary Standard for Vaccination and Testing (the “ETS”): the ETS will not be enforced during the pendency of the litigation, or ever. However, the Supreme Court’s opinion and OSHA’s subsequent withdrawal of the ETS, does not let employers off the hook regarding potential liability for COVID-19 health and safety hazards in the workplace.
Step-by-Step Guide for Handling Employees’ Religious Accommodation Requests | JD Supra
As more employers begin to mandate vaccines, requests for religious accommodations are on the rise. Unfortunately for employers and employees alike, handling a religious accommodation request is not a simple process. When faced with religious accommodation requests by employees, employers should consider the request through the following framework: Step 1. Does the employee have a “religious belief”?
Ban-the-Box Laws Continue to Proliferate | JD Supra
The Fair Chance to Compete for Jobs Act of 2019 is set to become federal law effective December 2021. The law prohibits many federal agencies and federal contractors from requesting arrest and conviction information from a job applicant—at least until after extending a conditional offer of employment.
Riding the Green Wave – Considerations for Employers in Dealing With Marijuana Legalization | JD Supra
As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce. The majority of states and the District of Columbia now permit some form of legal recreational or medicinal marijuana use.
Federally Mandated Employment Notices for Remote Workers | JD Supra
The COVID-19 pandemic obviously brought many changes to the ways we live and work. One change that is likely to endure post-pandemic is more employees working remotely. The pandemic forced many to embrace remote work arrangements and some employers have declared that at least some remote work will continue indefinitely. Among the challenges inherent in managing remote work arrangements is compliance with the posting and notice requirements of federal employment laws.
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