Piecing Together an Employment Discrimination Claim: What the Eleventh Circuit's "Convincing Mosaic" Standard Means for Employers
A recent decision from the Eleventh Circuit highlights the difficulty employers will have eliminating employment discrimination or retaliation claims before trial in those jurisdictions that apply the "convincing mosaic" standard.
Are Employees Entitled to Remote Work Accommodations Because of Common Anxiety or Long Commutes?
Many employers value at least some amount of in-person work and collaboration. So, what are the options for employers faced with requests from employees asking for exemptions from in-person work policies? What if the reasons given by employees include anxiety due to working in the office or a long commute? Is an employer obligated to allow those employees to work from home indefinitely?
Athletes and Political Speech: The Legal Landscape and Considerations for Employers
In February, the International Olympic Committee (IOC) disqualified Ukrainian skeleton athlete Vladyslav Heraskevych from the Milan Cortina Olympics for refusing to change his helmet honoring athletes who had died during Russia's invasion of his country. In today's contentious political climate, we often see elite athletes use their public platforms to engage in political speech or protest-often prompting national and global debate.
Attorney Spotlight
Teresa Biviano: Although it still feels like winter in some parts of the country, the first quarter of the year is behind us and "spring break" is already here. As the weather warms and the days grow longer, it is increasingly tempting to take time away from work. Now is a good time for employers to take a closer look at how their leave or remote work policies are applied and enforced, including the procedures employees use to request and take time off. As with the application of any workplace policy, treating employees consistently is key. Handling employee requests uniformly is one of the most effective ways to reduce the risk of inadvertently treating some employees less favorably than others. For example, if an employer's policy requires a doctor's note for sick days taken immediately before or after a holiday (which is permissible in some locations), that policy should be applied consistently to all employees subject to that policy who make similar requests, regardless of their role in the organization.
Employers should also confirm that time off is being properly requested, approved, and documented in accordance with internal procedures. This spring break season is a good time for employers to send reminders to supervisors about the organization's applicable leave policies and expectations, which can help ensure consistent application of those policies and minimize disruptions to operations.
We Want to Hear from You
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.
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. Allison Gotfried, editor of this newsletter, invites you to share the content with your colleagues and reach out with any questions.