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The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to the extent necessary to protect the workforce from COVID-19 exposure and should keep those records confidential.

I recently had occasion to write about cities and states revisiting their laws related to obesity as a protected characteristic and the potential for liability for disability discrimination on the basis of perceived obesity.

The general duty clause of the Occupational Safety and Health Act requires employers to provide a workplace which is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee.”

Last week, we talked here about some new challenges for New York employers in the new year, and how New York was in the running to supersede California as the toughest state for employers. Alas…

If your business has employees only in the United States, then the answer is probably no. But if you are a multi-national employer, then perhaps it should be.

What would you do if one morning you saw on the overtime volunteer list on your company bulletin board that an employee had handwritten across the top of the list the words “Whore Board?” I think I…

Nobody likes comments about their weight (Heaven help the person who makes one about mine), and most people have learned that weight is a subject best approached with caution.

As someone who grew up in Mexico City in a home where three languages were spoken (I spoke Spanish with my brother and my friends, French with my mother, and English with my father), I have never…

If your company is a federal contractor, do not assume that the current administration is uninterested in enforcing discrimination laws. In fact, the Office of Federal Contract Compliance Programs…

On October 10, 2019, California Governor Gavin Newsom signed a law that prohibits employers from requiring any applicant or employee “waive any right, forum or procedure for a violation of any…

Last Tuesday, the Supreme Court heard oral arguments on the first LGBTQ rights cases to be heard by the Court since the 2015 gay marriage case.

In 2012, the EEOC issued guidance stating that blanket bans on hiring employees with criminal records disproportionately impact minorities and instructing employers to ensure that their hiring…