Disparate-impact discrimination is a legal theory that holds that an entity may be discriminating unlawfully even though it has neutral rules if those rules have a disparate impact on a protected class. It is unintentional discrimination.

Generally, when an employee doesn’t return medical certification paperwork required to begin FMLA leave within 15 days, employers can deny the leave request. But there are circumstances under which the employee may have more time.

• Proper categorization. Distinguish between business records and non-records.
• Setting rules. Establish records rules for email, mobile devices, social media, Zoom, Microsoft Teams, Slack and other electronic tools.
• Keeping policies up-to-date. Implement documentation policies on emerging HR concerns like marijuana use, compliance with eDiscovery guidelines, litigation-hold policies and more.
• Guaranteeing compliance. Ensure on-site, remote and work-from-home staff comply with records rules and manage HR records effectively.
• Document security. Protect personal privacy and confidential and sensitive information using best-in-class technology and tools.
• Leveraging technology. How to use software tools for record retention, along with monitoring, policy management, content management, antivirus and other records-related software.

• Leave as an accommodation. Understand when leave may not qualify as a reasonable accommodation (rarely), and when it may be required for cases of infertility, miscarriage, abortion and more.
• Guaranteed accommodations. The four accommodations the EEOC says you can’t question—no doc notes, no forms, no delay.
• Top practical accommodations. Easy-to-implement, practical accommodations that won’t unduly disrupt the workplace while complying with the law.
• Lessons from the courtroom. Insights from recent EEOC lawsuits under the PWFA and notable settlements.
• Compliant break rooms. Steps to create a PUMP Act-compliant milk-expression space tailored to your industry.
• Prohibition against schedule cuts. Workers who need expression breaks can’t have their schedules cut instead.
• Accommodation best practices. How to accommodate pregnancy-related issues like morning sickness, lifting restrictions and bed-rest orders.

In a unanimous decision, the U.S. Supreme Court ruled that employees claiming they have been the victim of reverse discrimination don’t have additional hoops to jump through before getting their day in court.

The time to conduct a pay-equity audit is before employees file a suit. Conducted proactively, the audits can prevent thousands or even millions of dollars in damages and legal fees.

The EEOC has highlighted the sections of its guidance it now will not enforce. These include numerous examples such as misgendering, outing someone’s gender identity, denying access to a bathroom consistent with the person’s gender identity and using epithets regarding sexual orientation and gender identity.

• W-4 updates and compliance. Stay current on the latest W-4 process, including electronic forms, and quickly bring your company into compliance.
• Guidance for side gigs and worksheets. Learn how employees with multiple jobs should complete the W-4 form, and understand the critical role of W-4 worksheets in accurate withholding.
• Effective employee communication. Develop a plan to guide employees—especially new hires—through the W-4 form to prevent costly mistakes.
• Managing outdated W-4s. Discover strategies for handling employees who don’t update their W-4s, including IRS solutions for different forms and methods.
• Rejecting invalid W-4s. Identify when to reject a W-4 and how to manage IRS letters that void an employee’s form.
• Ensuring withholding accuracy. Follow best practices for verifying your withholding processes, with step-by-step IRS guidance.
• Supplemental pay withholding. Master the rules for withholding on various types of supplemental pay.

Nothing is more likely to spur a lawsuit than a termination for misconduct or poor performance. Former employees may feel they have nothing to lose by suing you. That’s why you must prepare carefully. Before making a termination decision, you should follow these steps.

A memo makes clear that the DOJ wants whistleblowers to come forward with allegations of rogue DEI programs.