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What legal issues are keeping you up at night?
We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.
Updates
It's Time to Refresh Your Anti-Harassment Training: The EEOC Proposes Updated Guidance on Discrimination and Harassment in the Workplace
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace (Proposed Enforcement Guidance), which will supersede its prior guidance on unlawful harassment once finalized. This new guidance is the first formal update to the EEOC's harassment guidance in roughly 30 years and is meant to capture updates in legal requirements in light of more recent cases.
Embracing and Accommodating Neurodiversity: Equitable and Legal Considerations for Neurodiverse Employees in the Workplace
While diversity, equity, and inclusion (DEI) is a decades-old concept, many industries and employers increased their focus on DEI following George Floyd's death in 2020. Much of this focus has been on recruiting, retaining, and advancing employees of diverse identities, backgrounds, and origins. During this time, relatively few firms and industries have focused on incorporating neurodiversity into their DEI programs. Now may be a good time for employers to do so.
Education Roundup – No Minor Inconvenience: Tips for Crafting a School Policy That Protects Minors on Campus
Institutions of higher education (IHEs) are often focal points of community activity, and inevitably attract all members of the public to various events and programs that take place on campus, including the youngest—and most vulnerable—community members. As a result, IHEs must commit to providing a safe environment for any minor on campus. To do so, there are some best practices that will lessen the risk of harm befalling minors involved in IHE-sponsored activities, using campus facilities, or simply visiting campus.
Tip of the Month
What is one piece of advice or takeaway message that your clients should be aware of right now?
Karel Mazanec: Employers should pay close attention to the slew of employee-friendly decisions issued recently by the National Labor Relations Board. For example, the NLRB recently expanded what may constitute protected "concerted activity" to include certain types of complaints involving solely the employee—which would have been deemed an unprotected "personal grievance" under prior NLRB guidance. Employers must proceed with caution when imposing discipline on any employee who has made a comment that could be interpreted as an effort to improve working conditions for others.
About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.