Karen Kalzer

NLRB Back on the Move

Employment

Although much of the NLRB agenda has been thrown into question with the general belief that the Supreme Court will void President Obama’s NLRB recess appointments and thus the decisions made thereunder, expect that the Board will promptly revisit all of those rulings and reinstate them.


Karen Kalzer

Supreme Court Watch – Fall Update

Employment

Despite the government shutdown, the Supreme Court of the United States is forging ahead with its schedule for the October 2013 term. The fall schedule of arguments carry a number of direct and potential impacts for employers.


Reclassification of Obesity Lends Weight to Federal Discrimination Lawsuits

Employment

In June 2013, the American Medical Association (AMA) officially recognized obesity as a disease. Putting aside arguments within the medical community about the wisdom of classifying more than one-third of U.S. adults as ill, the AMA’s decision fuels legal arguments that the Americans with Disabilities Act (ADA) protects obese individuals from discrimination based on their obesity.


Karen Kalzer

EEOC Issues Specific ADA Compliance Guidance

Employment

Both employers and employees often have questions as to how the Americans with Disabilities Act (ADA) deals with everyday workplace situations. The EEOC recently issued guidelines as to four specific areas of disability that are frequently the subject of inquiry.


Karen Kalzer

Fifth Circuit Rules in Favor of the EEOC on Lactation

Employment

The Fifth Circuit recently ruled in the EEOC’s favor by determining that “lactation” (not necessarily breastfeeding) is a condition of pregnancy, and thus prevents employers from taking adverse action against a female employee because she is lactating. See EEOC v. Houston Funding II LLC, (No. 12-20220).