All posts of Gardner Skelton

ARTIFICIAL INTELLIGENCE AND THE ADA: WHAT EMPLOYERS NEED TO KNOW

On May 12, 2022, the Equal Opportunity Employment Commission (“EEOC”) published guidance for employers using computer-based tools for employment decisions in compliance with the Americans with Disabilities Act (“ADA”). These tools may be used to screen applicant resumés, assess worker productivity, or determine pay and promotions, among other uses. Without certain safeguards, however, these tools […]

HHS ANNOUNCES AUDIO-ONLY TELEHEALTH IS ALLOWED UNDER HIPAA

In response to the pandemic, the U.S. Department of Health and Human Services (“HHS”) announced that its Office of Civil Rights (“OCR”) would use discretion in enforcing certain provisions of the HIPAA Privacy and Security Rules for providers using audio–visual methods and platforms to provide healthcare services via telehealth. As the pandemic shifts, the future […]

PREGNANCY DISCRIMINATION LAWSUIT

When the U.S. Equal Employment Opportunity Commission (“EEOC”) employs its scarce and precious resources to sue you, you might be in trouble. DLS Engineering Associates (“DLS”), a federal contractor, recently found itself in that predicament in the U.S. District Court for the Middle District of Florida. DLS offered a woman an engineering logistics analyst position, […]

WORKPLACE BIRTHDAY PARTY LEADS TO ADA VIOLATION

What could go wrong with throwing a surprise birthday party at the workplace? Apparently, a lot. In this case, it cost one Kentucky employer $450,000. Mr. Kevin Berling suffers from anxiety and panic attacks. Birthday parties were customary in the office, but Mr. Berling asked the office manager to forego throwing him a party because […]

ARE YOUR EMPLOYEES PROPERLY CLASSIFIED?

The most basic, and yet sometimes most important, question when bringing on workers is whether the worker will be classified as an employee or an independent contractor. Unfortunately, the answer is anything but simple because it depends. It is not only a question of what the worker’s particular factual scenario is, but also who is […]

BEWARE OF PAYROLL SOFTWARE HACKS!

Cyber-attacks are becoming more common as employers depend on new technology. Without the proper protections in place, employers could be faced with massive lawsuits. On December 11, 2021, Ultimate Kronos Group (UKG), a Florida-based HR management software company, discovered a ransomware attack on one of their cloud-based time and attendance systems. The hack resulted in […]

A REMINDER FOR AN IMPORTANT EEOC DEADLINE

FOR IMMEDIATE RELEASE April 12, 2022 EEOC ANNOUNCES OPENING OF 2021 EEO-1 COMPONENT 1 DATA COLLECTION Deadline to Submit and Certify Reports is May 17, 2022 WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that the 2021 EEO-1 Component 1 data collection is now open. The deadline for submitting and certifying 2021 […]

EEOC ISSUES NEW GUIDANCE ON PANDEMIC-RELATED DISCRIMINATION

On March 14, 2022, the Equal Employment Opportunity Commission (EEOC) issued new guidance warning employers that discrimination against an employee with caregiving responsibilities may be unlawful under federal employment discrimination laws. Although Congress has not carved out a new protected class for “caregiver,” according to the EEOC, caregiving discrimination violates federal laws when it is […]

EMPLOYERS WITH ARBITRATION AGREEMENTS – TAKE HEED!

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act amends the Federal Arbitration Act (FAA) and prohibits employers from enforcing pre-dispute arbitration agreements, and class or claim waivers, in connection with claims of sexual assault or sexual harassment. […]

COVID-19 AND RETALIATION IN THE WORKPLACE

Covid–19 has certainly presented all employers with new challenges, including learning to interpret laws through the new lens of COVID–19 safety compliance. Most employers know that they cannot retaliate against employees and/or applicants for participating in protected activity. Employers should be alert to what the EEOC (the Equal Employment Opportunity Commission) views as “protected activity” […]