Kentucky News & Analysis

  • 11th Circuit finds websites aren't places of public accommodation

    Title III of the Americans with Disabilities Act (ADA) provides "no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation." In a recent case, the U.S. 11th Circuit Court of Appeals (which covers Florida, Georgia, and Alabama employers) for the first time addressed whether websites are covered by Title III's prohibition against disability discrimination in places of public accommodation.

  • When workplace horseplay crosses line into same-sex sexual harassment

    Same-sex sexual harassment at work can constitute an actionable (or legally pursuable) sex discrimination claim, the U.S. Supreme Court ruled in a 1998 case titled Oncale v. Sundowner Offshore Services, Inc. In a recent case, the 4th Circuit (which covers North Carolina, South Carolina, and West Virginia employers) chimed in with its first opinion on the matter since Oncale, finding a new way for employees to prove a same-sex harassment claim.

  • TN federal court bars misuse of employer's trade secrets

    An East Tennessee federal district court recently issued a preliminary injunction barring a person from using information he stole from his former employer to further his competing business.

  • NC court shuts down former Bojangles employee's hostile environment claim

    A former Bojangles manager of 10 years recently sued the company, claiming she was subjected to a hostile work environment when her supervisor touched her and played with her hair. The employer asked the court to dismiss the case, and the court agreed.

  • Biden targets noncompetes in Executive Order promoting competition

    In a recent Executive Order (EO) on promoting competition in the American economy, President Joe Biden encouraged the Federal Trade Commission (FTC) to ban or limit noncompete agreements. In doing so, he continues (and potentially accelerates) what to date has been a piecemeal effort conducted almost exclusively at the state level to limit and, in some cases, prohibit the use of noncompetes, particularly for low-wage workers.

  • Employers cautiously weigh whether to mandate vaccines

    To mandate or not to mandate COVID-19 vaccines—that's the pressing issue employers are confronting. Overall, many are still cautious about requiring the shots, and rightfully so.

  • Manufacturer cannot limit employment opportunities to U.S. citizens

    A recent settlement between the U.S. Department of Justice (DOJ) and a rocket and missile propulsion manufacturer serves as a useful reminder of the scope and purpose of the Immigration and Nationality Act of 1965 (INA) and the authority of the department's Immigrant and Employee Rights (IER) section.

  • Tips to make sure disabilities don't derail diversity, inclusion efforts

    The numbers aren't surprising. Year after year, statistics from the U.S. Department of Labor (DOL) show the unemployment rate for people with disabilities to be dramatically higher than the rate for people without disabilities. Figures from June show the unemployment rate for people ages 16 to 64—the age group commonly considered to be the working-age population—was 11% for those with disabilities. That compares to 5.9% for people in the same age group who don't have disabilities. The 2020 unemployment rate was 13.3% for people ages 16 to 64 who have disabilities and 7.9% for people in the same age group without disabilities.

  • Leery of hiring ex-offenders? Study looks at employer attitudes

    For years, employers have bemoaned the "skills gap." Even when candidates seem to be plentiful, many employers report a dearth of applicants with the right skills to fill positions. It's enough to put employers on the hunt for new talent pools, and recent research points out why they might consider a long-shunned group—people with criminal records.

  • Weighing whether to allow permanent telework as reasonable accommodation

    Q Our employee has filed an Americans with Disabilities Act (ADA) request with her psychiatrist to work from home permanently. Do we have to accommodate her? She already has performance issues, and no one else on her team is a permanent remote employee.