Employers sometimes still grapple with the notion of what conduct supports a claim of a hostile work environment. The easy answer is generally the negative atmosphere must be sufficiently severe and pervasive, but it also must rise to the level of actual harassment of an employee or group of employees on the basis of a protected characteristic. In other words, negative workplace interactions alone aren’t enough to give rise to a hostile work environment claim without more. Recent decisions underscore this distinction enough to give employers at least a little relief over the kinds of employee conflicts that occur on a daily basis.

For nearly 50 years, the common test of religious accommodation from the Hardison v. Trans World Airlines, Inc. case was that, if a religious accommodation required more than a de minimis cost, it was asking too much of an employer under Title VII. In Groff v. DeJoy, the Supreme Court of the United States  decided that this standard needs a reset, and employers may be in for a few changes.

It’s rather fitting that the Supreme Court’s decision in EEOC v. Abercrombie & Fitch Stores turns on the idea of one’s belief; it is, after all, a decision about religious discrimination under Title VII of the Civil Rights Act of 1964. The belief at issue, however, is not the belief of the claimant of religious discrimination, but rather the belief of the employer.

It was a difficult delivery, but the Supreme Court in Young v. UPS[1] gave birth to a new test in determining whether an employer has violated the Pregnancy Discrimination Act (“PDA”)[2].

Sexual harassment claims can quickly become a nightmare for employers, but so many aspects of the nightmare are caused in part by the employer’s own actions. The employer has opportunities to mitigate the damage in two key areas – the sexual harassment policy itself before the alleged harassment incident and the investigation that takes place afterword. This post will look at mistakes made in these two particular areas that can hurt employers and lead to potentially costly damages.

Where there’s smoke, there may be fire – at least, that appears to be a key takeaway from the Seventh Circuit case of Ledbetter v. Good Samaritan Ministries. The holding in this case is predicated on the notion that suspicious timing in an adverse employment action can give rise to a claim of retaliation under Title VII in absence of other solid evidence.

Volunteerism is a staple of American life. According to the Corporation for National and Community Service, 62.6 million Americans volunteered nearly 7.7 million hours in 2013, adding up to an estimated value of $173 billion. Organizations such as the Salvation Army, the Red Cross, and Habitat for Humanity depend on volunteers to serve the communities in which they live. But even beyond not-for-profit charitable organizations, for-profit businesses routinely open their doors to students and others who are willing to file, prepare mailings, or shred documents in exchange for some experience to put on their resume.

Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” There are several circumstances, however, where laws and other factors prohibit employers from terminating an employee without a well-documented showing of cause. Employers should be aware of the circumstances under which they may not terminate an employee without just cause.

On Monday we discussed the basic framework for providing employees with days off during recognized religious holidays.  A related issue commonly presented during the holiday season is whether employees must be paid for their time off.

The holidays are a joyous time of year, but many employers face the season with a certain sense of trepidation as their employees inevitably request time off work.  As the holiday season kicks into full gear, now is a good time for employers to refresh themselves on basic guidelines for granting and denying employees’ vacation requests.