Employment News, Updates, and Insights from ES Law

ES Law Delivers Employment News Straight To Your Inbox

Welcome to the inaugural edition of Employment Law Insights, your trusted source for the latest developments in employment law, with a particular focus this month on legal updates related to Diversity, Equity, and Inclusion (DEI). In today's rapidly evolving employment landscape, staying informed about the legal aspects of DEI is essential for organizations and individuals alike.

 

In this inaugural issue, we delve into the legal foundations of DEI, exploring recent legislative changes, U.S. Supreme Court cases from its last term, and emerging best practices. From affirmative action to equal pay, from accommodations for disabilities to combating discrimination, Employment Law Insights is your go-to resource for navigating the complex and dynamic world of employment law with a DEI lens.

News

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How Businesses Can Prepare for the Pregnant Workers Fairness Act


A new federal law known as the Pregnant Workers Fairness Act went into effect on June 27, 2023. The Act builds upon existing laws such as the Pregnancy Discrimination Act of 1978 and the Americans with Disabilities Act. Its primary objective is to protect pregnant workers from discrimination, ensure reasonable accommodations, and promote a healthy and supportive work environment during pregnancy and childbirth.


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Supreme Court Ruling Delivers Victory for Students with Disabilities 


In a unanimous decision, the U.S. Supreme Court paved a new route for students with disabilities to hold schools responsible—and now, recover damages—when a school fails to provide adequate educational accommodations.


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Students for Fair Admissions, Inc. v. President and Fellows of Harvard College 


On June 29, 2023, the Supreme Court of the United States issued an opinion holding that the admissions program s at Harvard College and the University of North Carolina (“UNC”) violated the Equal Protection Clause of the Fourteenth Amendment.


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Are Employers Required to Accommodate Religious Practices of Employees?


In a pivotal moment for religious liberty, the Supreme Court of the United States ruled unanimously on June 29, 2023 that the U.S. Postal Service violated the Constitutional rights of an evangelical Christian mail carrier by refusing to accommodate his wish not to work on Sundays. This landmark ruling of Groff v. DeJoy clarifies the standard for religious accommodations employers must make to their employees under Title VII of the Civil Rights Act of 1964. 


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Designer Refuses to Design Website for Same-Sex Couple 


The Supreme Court published its opinion in 303 Creative, LLC, v. Elenis. Neil Gorsuch authored the decision on behalf of the 6-3 majority. The case involves a Colorado designer seeking to expand her design business into wedding websites. However, she does not wish to design wedding websites for same-sex couples due to her religious beliefs.


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Coming Up Next

In the next quarterly issue of Employment Law Insights, we will consider proposed regulations by the federal Department of Labor Wage and Hour Division to affect the salary threshold for exempt employees. This will cover vital information for all employers with overtime-exempt employees.


Our second issue will come out just ahead of the New Year. That is an excellent time to think about performance reviews and updates for employee handbooks and policies. We will cover in-depth the need-to-know information for those and best practices on policy updates.