On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect. Intended to bridge the gap between other pregnancy protections and the ADA, the PWFA requires public and private employers with 15 or more employees to provide “reasonable accommodations” to an employee or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the…
With winter just around the corner, it’s a good time to remind North Carolina private sector employers what they need to know about their adverse weather policies from an employment law standpoint. How private employers treat their employees during adverse weather conditions comes under the concept of “at-will” employment. Employers are free to adopt or…
Question Does a private employer have an obligation to accommodate a religious employee who wants to exercise his/her religion within the workplace? Answer Depending on the size of the employer, the employer may have an obligation to provide a reasonable accommodation to an employee who wants to exercise his or her religion within the office. …
Question Can a private employer terminate an employee who is arrested outside of normal work hours, but has not yet been convicted of any crime, without facing possible employment law exposure? Answer North Carolina is an “at will” employment state, meaning an employer can terminate an employee for any reason at all, as long as…
Question What impact do the recent collective bargaining agreements equalizing pay between the Men’s and Women’s US Soccer teams have on employers outside of professional sports? Answer Following protracted equal pay litigation, the U.S. Soccer Federation has agreed to pay the U.S. Men’s National Team and the U.S. Women’s National Team equally, which (at least…
Question Must the North Carolina State Health Plan provide transgender employees with gender affirming medical services (hormone therapy, surgery, and other affirming treatments)? Answer As of now, yes. A District Court judge has ruled in Kadel v. Folwell that refusal to cover gender confirmation procedures and treatment violates the Equal Protection Clause and Title VII of the…
Question How should an employer manage an employee’s at-home workspace? Answer Making the decision to allow employees to work from home presents its own set of challenges for employers. With many employees transitioning to working from home, even on a part-time basis, it is important for employers to understand how to effectively motivate, reward, and…
Question Now that COVID-19 is recessing in some areas, can employers mandate employees return to work in the office everyday rather than working from home? Answer While employers can require that employees return to working in the office instead of their homes, there are exceptions to the rule. Specifically, an employee with a disability whose…
On June 15, 2020, the Supreme Court held that Title VII of the Civil Rights Act prohibits employers from discrimination against individuals on the basis of sexual orientation or being transgender. In Bostock v. Clayton County, the Supreme Court determined that sex-based discrimination includes discrimination due to gender identity and sexual orientation. Flash forward nearly a year…
Can Public Employers Limit Public Employees’ Speech? Research shows 190 million Americans are on Facebook, 70% of whom use Facebook daily. In 2020, we saw more Americans using social media to show their support for causes or issues. About 1/3 of social media users polled say they have used sites like Facebook and Twitter to…