Lowering the Bar for Employees with Title VII Discrimination Claims
Employees need not show “significant” harm to sustain discrimination claims.
Could Biometric Tracking Harm Workers?
Expert urges regulators to restrict how companies can access and use employee health data.
The Paradoxical Consequences of the Employee–Contractor Designation
A proposed rule may expand platform workers’ compensation options but not their access to other benefits.
The ADA, Telework, and the Post-Pandemic Workplace
The EEOC should update its guidance to encourage employers to provide telework as a reasonable accommodation.
Clarifying the Default for Anti-Discrimination Statutes
Policy-free textual analysis wins when interpreting causation standards in statutory text for employment actions.
Why the Equality Act Remains Important to LGBTQ Equality
A Supreme Court victory is the beginning, not the end, of the fight against anti-LGBTQ discrimination.
The Supreme Court’s 2019-2020 Regulatory Term
Scholars and practitioners highlight the Court’s most significant regulatory and administrative law decisions.
The Search for Sound Vocational Evidence in Disability Adjudication
Expert calls for an overhaul of the existing evidentiary framework for Social Security disability cases.
Conflicting Interpretations of Worker Classification
Workers in some states may now be classified as both independent contractors and employees.
Regulating Work in an Age of Fissuring and Automation
Employers may increasingly automate their workplaces, requiring a new approach to workplace regulation.
Regulating Non-Compete Agreements
Governments should place limits on non-compete agreements that apply to low-wage workers.
Labor Without Employment
Firms have moral obligations to those who perform work regardless of employment status.