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A Crookston, Minnesota employee challenged an unemployment-law judge’s decision that found him ineligible for U.C. benefits for engaging in employment misconduct – urinating in public. What this employee may have lacked in discretion appears to have been compensated for in sheer persistence, for he appealed his case all the way to the Minnesota Court of…
Read MoreAs the 2024 election approaches, on Tuesday, November 5th, Wessels Sherman offices in Illinois, Minnesota, Iowa, and Wisconsin have been fielding questions about employee voting rights. Because this is governed by state law and each state’s laws differ it can be confusing, particularly for employers with employees in more than one state. This refresher will…
Read MoreOn August 22 the DOL’s Office of Disability Employment Policy issued resources and strategies specific to accommodating individuals with gender dysphoria in the workplace. Gender dysphoria is generally described as when a person’s gender identity differs from their assigned sex at birth. Recognizing that this condition may present challenges both for the individual as well…
Read MoreA key aspect of the Americans with Disabilities Act involves the concept of “essential job functions,” or for brevity in this article, “EJFs”. These comprise the core elements of any job, the primary reason the job exists. In theory, employers can insist that a disabled individual be able to perform the EJFs of their position,…
Read MoreJust last Friday the U.S. Supreme Court issued decisions in a pair of companion cases, overturning longstanding precedent that instructed federal courts to defer to agency interpretations of the laws they enforce. The precedent was established by the Court forty years ago, in Chevron v. Natural Resources Defense Counsel. The holding of that case, which…
Read MoreIn the wake of a Minneapolis police officer’s murder of George Floyd and widespread rioting that ensued, teachers at a Twin Cities area school pressed the school’s superintendent to allow them to promote Black Lives Matter in the classroom. Initially, the superintendent denied the request as a violation of school policy against bringing politics into…
Read MoreGenerally, I don’t write much about unemployment compensation decisions. They don’t impact a business the way a lawsuit can, and employers just don’t seem to find them very interesting. I suspect some of the disinterest stems from unfavorable outcomes employers come to expect when a terminated employee’s application for unemployment compensation benefits is challenged based…
Read MoreOn Monday this week the EEOC raised eyebrows when it published its long-awaited final take on harassment law. The guidance is aimed at educating employers and employees alike, but will no doubt be used by plaintiff and defense lawyers in court. Consequently, employers, HR professionals, and consultants are well advised to become aware of what…
Read MoreJob descriptions with lifting, standing, mobility, and/or other essential requirements are ubiquitous across all industries. EEOC interpretive regulations and numerous court decisions give deference to the judgement of employers as to what are the “essential functions” of the jobs they provide. Written job descriptions are presumed to accurately reflect essential functions. Why is this important?…
Read MoreFlorida Governor Ron DeSantis and the Sunshine State’s legislature have been aggressively opposed to certain fringe elements of DEI initiatives. In 2022 they enacted the Individual Freedom Act to prevent schools as well as employers from subjecting students or workers to instruction or training that compels them to believe in various banned subjects. Among the…
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