Testing Well: Holding Drug Testers Accountable for False Positives
North Carolina law imposes stringent requirements on employee drug testing. But courts have long held that employers who fire employees on the basis of false…
Court Puts EEO-1 Pay Data Back In Play. Now What?
A federal judge in the District of Columbia has ordered that the pay data collection component of EEO-1 reports, which never took effect, be restored.…
Appellate Update
Time for our regular case roundup. The 4th Circuit issued several important decisions over the past two months, including clarifying the standard for…
4th Circuit’s Dueling Disability Discrimination Decisions Analyze ‘Illegal-Exam’ Claims Under ADA/Rehabilitation Act
When can an employer require its employee to undergo a medical exam without running afoul of the Americans with Disabilities Act (ADA) or the Rehabilitation…
To Protect and Serve . . . and Make a Living: Court Rules Moonlighting Police Officers Are Employees At Second Jobs
Last week, the U.S. Court of Appeals for the Sixth Circuit recognized that “the way we work in America is changing. The relationships between companies and…
Top 5 Federal L&E Developments From the Past Year
With many of President Trump’s agency nominations being held up in the Senate, followed by the longest government shutdown in history, it’s been a…
Artificial Intelligence In Hiring: Do the Risks Outweigh the Advantages?
With the increasingly competitive workforce, employers are searching for ways to efficiently hire quality candidates. One method employers use to lower…
Procedure Matters: Fourth Circuit Holds 180-Day Waiting Period for Federal Employees to File Suit is Not Jurisdictional
In a published opinion on January 8, 2019, the Fourth Circuit concluded that Section 2000e-16(c), which applies to federal government workers, is not a…
Is Every Vice President a Fiduciary?
Charlotte is a banking town, and in banking towns, everyone’s a vice president. If you work for a bank, brokerage firm, or other financial institution for a…
Appellate Update — and a Happy New Year
For the last post of the year, I’m doing my normal case roundup. It’s been several months since I last posted — thank you to everyone who submitted…