Monthly Archives: September 2023

September 28, 2023

Worship in the Workplace and Reasonable Accommodations

Mark Wiletsky

Question: Do employers need to provide a space for employees to worship and/or pray in the office?

Answer: The short answer is: Maybe. Employers must reasonably accommodate employees’ sincerely held religious, ethical, or moral beliefs or practices unless doing so would impose an undue hardship. For decades, courts held that employers could deny such requests under Title VII of the Civil Rights Act of 1964 if the accommodation would impose more than a “de minimis” cost or burden. In June 2023, however, the U.S. Supreme Court “clarified” that standard. In Groff v. DeJoy, the Supreme Court held that employers can deny requests for religious accommodation only if the accommodation would result in “substantial increased costs in relation to the conduct of [an employer’s] particular business.” The Equal Employment Opportunity Commission (EEOC) has provided similar guidance, stating that employers should not try to suppress all religious expression in the workplace. Read more >>

September 27, 2023

What Can Employers Do When Employee Threats Are Related To a Disability?

Jordan Walsh

By Jordan Walsh

The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a plaintiff must show that (1) she is disabled within the meaning of the ADA; (2) she is qualified for her position, even with her disability, with or without a reasonable accommodation; and (3) she suffered an adverse employment action because of her disability. See Mayo v. PCC Structurals, Inc., 795 F.3d 941, 944 (9th Cir. 2015). If this showing is made, the burden shifts to the employer to present a legitimate, nondiscriminatory reason for the employment action. See Curley v. City of North Las Vegas, 772 F.3d 629, 632 (9th Cir. 2014). If the burden is met the plaintiff must establish that the employer’s reason for the adverse employment action was pretextual. See id. Read more >>

September 19, 2023

Talent Without Borders: Immigration Insights – September-October 2023

Sarah Bileti

By Sarah Bileti and Emma Fahey

The Department of State published the October 2023 Visa Bulletin Report on September 15, 2023 and announced that it will accept family and employment-based filings based on the Dates for Filing chart in October. As October is the first month of the 2024 government fiscal year (FY), the October Visa Bulletin Report shows some recovery from the retrogressions of the last several months of FY 2023. Every final action date in the October Visa Bulletin has advanced or remained the same relative to the September 2023 report, with notable advancements in the EB1 India category to 1/1/2017, from 1/1/2012 in September, and in the EB3 All Chargeability category from 5/1/2020 to 12/1/2021. United States Citizenship and Immigration Services (USCIS) also updated its FAQs on the employment based annual limit noting that in FY 2024 the annual employment-based visa numbers are estimated to be 165,000.
The Department of State (DOS) began testing the implementation of digital visa authorization (DVA) at the U.S. Embassy in Dublin, Ireland earlier this September with a small number of K-1 (fiancé(e)) visas. If the initial trial is successful, the DOS hopes to extend the DVA to “other visa classes and additional posts in the future.” Digital visa authorization would allow foreign nationals to travel without a traditional printed visa inserted into their passport, potentially eliminating the waiting time for the foreign national’s passport to be returned in the mail following a visa stamping appointment.

September 12, 2023

How to Address Damage to Company or Customer Property

Laurie Rogers

by Laurie Rogers

Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?

Answer: Many employers have policies requiring employees to reimburse them for damage to company property, usually through payroll or final paycheck deductions. Before implementing such a policy, you must consider state and federal laws that may restrict or prohibit your ability to make such payroll deductions. Read more >>

September 8, 2023

EEOC Proposed Regulations to Implement Pregnant Workers Fairness Act

Laurie Rogers

by Laurie Rogers

Pregnant workers have certain protections under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), but gaps remain. The Pregnant Workers Fairness Act (PWFA) aims to close the gaps and better protect pregnant employees. To implement the Act, the Equal Employment Opportunity Commission (EEOC) recently proposed regulations that significantly increase employers’ obligations to reasonably accommodate their pregnant employees.

Expanded protections

On August 11, 2023, the EEOC proposed rules to implement the PWFA, a law that took effect on June 27, 2023. Before the PWFA, the PDA (which amended Title VII of the Civil Rights Act of 1964) and the ADA provided pregnant and postpartum applicants and employees with certain limited protections.

Under the PDA, pregnant workers can show a violation only if they can identify similarly situated employees who received an accommodation or if there is direct evidence of disparate treatment. Under the ADA, pregnant employees have a right to an accommodation only if they can demonstrate they have a pregnancy-related disability, which doesn’t include the pregnancy itself. Read more >>