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What’s old is new again at the Equal Employment Opportunity Commission (EEOC) as numerous district offices have recently expanded their use of fact-finding conferences.

Not so long ago, federal courts began to hold that a federal statute of limitations did not begin to run until the plaintiff knew or reasonably should have known of his or her claim.  This is commonly called the “discovery rule.”  The rule originated in state court tort cases involving surgical implements left in patients who did not discover their surgeons’ negligence until long after the limitations period had run.

’Tis the season of generosity, random acts of kindness, and selfless gifts. But not all gifts are well received—or positively perceived. In the employment law context, where compliance and best practice remain the watchwords, presents exchanged by colleagues, however well-intentioned, must still pass muster under law and corporate policy.

On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of . . . sex” in Title VII of the Civil Rights Act of 1964 include discrimination on the basis of sexual orientation and gender identity?

The Supreme Court of the United States kicked off its 2019-2010 term on October 7, 2019, with several noteworthy cases on its docket. This term, some of the issues before the Court will likely have great historical significance for the LGBTQ community. Among these controversies are whether the prohibition against discrimination because of sex under Title VII of the Civil Rights Act of 1964 encompasses discrimination because of sexual orientation. In addition, the Court is slated to consider Title VII’s protections of transgender individuals, if any. Here’s a rundown of the employment law related cases that Supreme Court watchers can expect this term.

Pre- and post-job offer physical ability tests (PATs) continue to face challenges from the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) and occasionally private litigants.

As the East Coast braces for yet another hurricane, we should contemplate the impact that natural disasters can have on employees and employers, both personally and professionally. While individuals prepare their homes and employers prepare their businesses for the physical damage, employers will benefit from also assessing the practical and legal implications surrounding the unpredictable events Mother Nature throws our way—and planning accordingly.

On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). These cases introduced the practice of judicial deference to a federal agency’s interpretation of an ambiguous regulation. Many courts and scholars criticize Auer deference for various reasons and believed that the Supreme Court’s decision in Kisor would overrule Auer. Instead, the Court upheld the longstanding precedent, but imposed new “guidance” on when to apply Auer deference.

On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the Equal Employment Opportunity Commission (EEOC) before commencing an action in court is not jurisdictional. Rather, the charge-filing requirement is a “nonjurisdictional claim-processing rule,” Justice Ginsburg wrote in a unanimous opinion. “[A] rule may be mandatory without being jurisdictional, and Title VII’s charge-filing requirement fits that bill,” the Court ruled.

The justices of the Supreme Court of the United States have again limited the reach of Chevron deference. On May 28, 2019, the Court in Smith v. Berryhill carved another exception into what has lately proven to be its least-favored precedent. It held that Chevron deference does not apply to the scope of judicial review.

Last week, the U.S. House of Representatives passed the Equality Act, a bill that would amend federal law (including Title VII of the Civil Rights Act of 1964) to prohibit discrimination on the basis of sexual orientation and gender identity.

On April 22, 2019, the Supreme Court of the United States granted certiorari in a trio of cases, which will finally allow the Court to decide whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation or an individual’s status as transgender (or transitioning).

The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who claims he or she cannot perform the major life activity of “working” has to do more than prove a substantial limitation in working in a single specific job.

You have probably heard the term “blockchain,” most likely in the context of Bitcoin. You have also probably seen splashy headlines suggesting that blockchain is the next game-changing technology that will upend the business world. This article will demystify blockchain technology and identify some of its potential applications for human resources (HR).

On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC’s charge processing and records systems, clarify the meaning and significance of a “no cause” determination, and delegate the issuance of dismissals to lower-level EEOC employees.