Welcome to the FDAR Blog!

We are committed to providing excellent service to our clients in a down-to-earth style that is unique to FDAR.  Our hope is that this blog will provide valuable insights that help you in the day-to-day operation of your organization.  Our team of attorneys will write about legal topics that are important to our clients in layman’s terms.  Please check back often for new blog topics!

Assessing New Protections for Pregnant Workers

Being pregnant can be a stressful experience for many workers, especially in the workplace. The Pregnant Workers Fairness Act (PWFA) seeks to combat pregnant workers' overwhelming and isolating feelings through expanding the protections and accommodations available to pregnant workers. The PWFA does not replace any of the federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or other related medical conditions, but rather seeks to expand existing protections. Below are things to consider in the workplace when addressing this new law. What is the Effective Date of the PWFA? The Pregnant Workers Fairness Act went into effect on June 27, 2023. As of June 27, 2023, the EEOC started taking charges under the PWFA. [...]

May 31st, 2024|blog, Latest News, Newsletter|

What To Do When Employees Leave With A Vengeance

Picture this: one of your employees is unhappy with their position and pay. Unfortunately, the situation cannot be resolved in a way that satisfies both them and the company, and they end up deciding to leave amicably. All is well, that is, until you find out that before they left, they decided to take a big portion of their work product with them. Can they legally do that, or does the work product belong to the company? This question was raised in a now-viral TikTok video that has garnered over 3 million views. A TikTok user (@_queerbigan) detailed the situation at the end of her employment. In her video, she explains her experience working for her former employer, claiming that [...]

March 9th, 2023|blog, Homepage News, Latest News|

Managing Monkeypox: An Employers Guide for Managing Monkeypox in the Workplace

Monkeypox was declared a public health emergency of international concern by the World Health Organization (“WHO”) on July 23, 2022, and a public health emergency by the United States government on August 4, 2022. As of the date of this publication, there are 18,417 confirmed reported cases in the US and an average of 337 news cases per day. Despite these designations and the increase in confirmed cases, little is known about Monkeypox and there is a significant lack of guidance for employers to rely upon. The following blog will address how employers can manage Monkeypox in the workplace, and the potential legal concerns that may arise. Employer Guidance & Policies To date, neither the state health department nor the [...]

August 31st, 2022|blog, Latest News|

Appearance Policies… Do You Need to Review Yours???

Last month, a Sheriff’s Office in Ohio received national attention for terminating an officer who obtained a hand tattoo reading “PURE EVIL” in violation of the department’s policy. There, the Sheriff’s Office had a long-standing policy prohibiting any tattoos on an employee’s face, neck, and hands, as well as a policy requiring officers to promote a professional and neutral image on the job. The employer concluded the officer’s PURE EVIL hand tattoo was a permanent and ongoing policy violation, and the officer was unwilling to remove the tattoo. Ultimately, the officer’s employment was terminated. This situation has led both public and private sector employers to review and assess their appearance policies. The following blog will discuss the various components of [...]

July 28th, 2022|blog, Homepage News|

Addressing Anonymous Harassment

Unfortunately, harassment and discrimination can occur in the workplace, regardless of how strong an employer’s policies are or how frequently training is offered. Occasionally it is clear who the perpetrator of such harassment and discriminatory practices is, but at times such practices may arise from an unknown source. The Sixth Circuit’s recent decision in Burns v. Berry Global sets forth a great outline for employers addressing harassment and discriminatory practices from undetermined sources, including an employer’s obligations to investigate and mitigate such treatment.   Background The employee in Burns v. Berry Global, Mr. Burns, a black man, was hired by Berry Global in January 2018 to work as a night shift maintenance technician. Less than a year into his employment, [...]

May 12th, 2022|blog|

The Next Supreme Court Justice Will be a Black Woman, What About Your New Manager?

On January 27, 2022, President Biden announced that the next justice nominated to the US Supreme Court will be a black woman. The President’s announcement left many questioning whether his appointment violates Title VII of the Civil Rights Act, which prohibits race and sex-based employment decisions. However, the protections provided in Title VII only extend to covered employers and employment-related decisions, and not to judicial or other appointments. So, while the President can guarantee the next Supreme Court justice will be a black woman, employers cannot set forth race or sex-based requirements for hiring or promotion decisions. Such race-based or sex-based decisions are discriminatory in and of themselves. But this leaves many employers wondering – how do I increase diversity [...]

February 9th, 2022|blog, Latest News|

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