Hold On To Your Employer Handbooks
Over the last 18 months, federal agencies including the U.S. Securities and Exchange Commission, National Labor Relations Board and U.S. Equal Employment Opportunity Commission have initiated challenges to a wide variety of employer policies. Notably, in many cases, these challenges have been to the employers’ mere “maintenance” of the policies, without any evidence that they have been implemented in specific cases to interfere with employee rights. This article discusses several of these challenges.
Part 1 of this article series focuses on agency challenges to policies dealing with workplace communications and conduct, such as confidentiality, employee conduct and social media policies. Part two addresses recent developments concerning regulation of restroom and background check policies by the EEOC and U.S. Occupational Safety and Health Administration. Part three concludes by examining restrictions and requirements imposed on employer policies regarding wellness programs, pregnancy discrimination and employee dress codes.
Part 2 of this article series discusses the U.S. Equal Employment Opportunity Employment Commission’s and Occupational Safety and Health Administration’s regulation of restrooms as well as the EEOC’s guidance on background checks.
Part 3 of this article series discusses the U.S. Equal Employment Opportunity Commission’s enforcement actions as well as its proposed rule on wellness programs, as well as the EEOC’s updated guidance on pregnancy accommodations after Young v. United Parcel Service Inc., 135 S.Ct. 1338 (2015). Finally, we discuss the dress code policies following EEOC v. Abercrombie & Fitch Stores Inc., 135 S.Ct. 2028 (2015), and recent decisions by the National Labor Relations Board regarding restrictions on union insignia.