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“ We collaborate with employers and employees to build respectful organizations through high-quality training, objective and unbiased complaint investigations, human resources and employment law expert testimony, and a wide range of human resources consulting services. ”

The EPS Team

LATEST NEWS AND STORIES

  • Samsung is Using a Tracking Tool for Employees’ Return to Office

    In early July, Samsung began requiring full-time attendance in the office five days a week for some U.S.-based employees. Individuals working in the semiconductor business will now be tracked for their attendance compliance with a new tool. Business Insider reported that it saw an internal HR email stating that the return to office had led to “more smiling faces in the hallways.” The company expects to see a greater presence on-site and emphasized to employees the need to “improve adherence” to the policy.

  • Reasonable Accommodations Can Evolve Over Time

    David Bourke worked for a VA Hospital in Illinois. He is disabled and requires a cane to walk and a mobility scooter to get around at work. The VA granted Bourke’s request for a reserved parking spot to shorten his walk to a locked room where he kept his scooter while off work. During the COVID-19 pandemic, the hospital closed off Bourke’s usual entrance and offered Bourke a parking space at another entrance near an unlocked storage room. Bourke rejected this offer. The Seventh Circuit Court of Appeals considered Bourke’s claim that the VA did not reasonably accommodate his disability.

  • Columbia and Brown to Share Admissions and Race Data with Government

    Columbia and Brown agreed to settle claims with the federal government that they violated anti-discrimination laws. In addition to financial compensation, these settlements require Columbia and Brown to share applicants’ standardized test scores and grade point averages. The information disclosed will also reflect applicants’ race information. Both institutions must breakdown government data based on “race, color, grade point average and performance on standardized tests.”

  • New Federal Memo Encourages Religious Expression for Federal Workers

    The Office of Personnel Management (OPM) issued new guidelines regarding religion in federal workplaces. Federal employees may attempt to persuade their co-workers that their religious beliefs are “correct.” In addition, these employees can display office bibles, religious artwork, jewelry, posters displaying religious messages, and other religious symbols, like crosses, crucifixes, and mezuzah. These religious displays should not result in disciplinary or corrective action.

  • Sixth Circuit Allows Retaliation Case Against State Farm to Move Forward

    Monica Gray worked for State Farm for fifteen years as a claims specialist. Her coworker, Sonya Mauter, reported to a different manager, Joe Kyle. Mauter asked Gray to help her combat Kyle with her ADA issue. Shortly after, Kyle became a temporary supervisor for Gray. Kyle then closely scrutinized Gray’s timecards, reported discrepancies that he found, and encouraged an additional review by HR. When HR went to Gray about the alleged timecard issues, she told them that Kyle was targeting her for helping Mauter. HR did not investigate her allegation of retaliation, and State Farm fired her for the timecard issues.

  • California Implements New Regulations Around AI Technologies

    Established in 2020, the California Privacy Protection Agency works to protect consumer privacy. As part of its responsibilities, it creates regulations on automated decision-making technologies (ADMT). ADMT encompasses any technology that processes personal information and computation to replace or substantially replace human decision-making. These new regulations will impact employers. Employers can avoid the compliance requirements of the regulations if there is sufficient human involvement in the decision-making process.

  • Woman Alleges Kicked Off Flight Because of Race

    A Black woman filed a lawsuit against Southwest Airlines alleging that the airline’s staff targeted her based on her race. Briana Hicks boarded a flight out of Chicago Midway International Airport and sat in an exit row. As the flight attendant shared information with the passengers seated in an exit row about emergency procedures, Hicks put her phone on airplane mode and set it down. The flight attendant allegedly berated her for being on her phone and demanded that she be removed from the flight after Hicks reported this behavior to two other flight attendants (The New York Times). Southwestern Airlines declined to comment to the NYT because of the pending litigation.

  • Rhode Island to Require Accommodations for Menopause

    In June 2025, Rhode Island Governor Daniel McKee signed a new law that offers women workplace protections for menopause. The new law amends the state’s Rhode Island Fair Employment Practices Act, expanding the workplace protections for conditions related to pregnancy, childbirth, and related medical conditions. Rhode Island employers must now engage in a timely, good-faith, and interactive process to work with employees on reasonable accommodations for individuals dealing with menopause issues that impact their ability to work. Rhode Island is the first state to expressly require employers to provide workplace accommodations for applicants and employees experiencing menopause and related medical conditions.

  • Rumors About Alleged Sexual Favors Constitute Sexual Harassment

    In a non-binding decision, the Third Circuit Court of Appeals upheld a female employee’s pursuit of a Title VII lawsuit based on false rumors spread about her. The Pennsylvania Department of Corrections (DOC) hired Brandy Cuff as a correctional officer. In her first week of work, co-workers suggested her dress was “promiscuous” and asked her which supervisor she was married to. When Cuff complained, supervisors downplayed the rumors, encouraged her to ignore them, or implied that they would fire her if she filed a written report. The Third Circuit reviewed Cuff’s claims and held that the facts alleged are beyond what would be considered standard workplace gossip.

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