ABA Labor and Employment Law Podcast

Remote or In Office? Changing How We Communicate and Resolve Differences.

What are irreconcilable workplace differences, and are they on the rise? Trickier issues are coming up these days and are challenging the status quo. As how and where we work changes, when do misunderstandings become a disruption, and what do we do next?  Fact is, the workplace is a social situation as much as a labor issue, and learning how we interact with each other is more important than ever. Friendships, relationships, cliques, supervisory roles, and generational gaps factor into the workplace environment. And then there’s the law. It’s a lot to digest. Working from home, a return to work in the office, and an increasing understanding of mental health and workplace balance are all creating frictions and new challenges. Remote work since the pandemic has only complicated issues. Communication is more important than ever. And it’s not easy.  Workplaces are made of humans. And we’re all human. When all you have is a hammer, all problems look like a nail. When we’re litigators, maybe litigation looks like the solution. But sometimes, understanding the bigger picture and the humanity, and addressing issues before they become lawsuits, come into play. This discussion may change the way you think.   REFERENCES MENTIONED: Title VII of the Civil Rights Act of 1964 [https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964] National Employment Lawyers Association [https://www.nela.org/] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]

Religious Employers and Employment Law: Whose Rights?

Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the world of religious employers and their workers.  Title VII of the Civil Rights Act carves out some interesting exemptions in employment law regarding religion-based businesses, but some recent court rulings seem to conflict with each other. Paul and Subit join host Matt Greer to delve into what constitutes a “religious employer” and where religious beliefs and practices challenge existing employment laws. A recent appeals court ruling spells out nine questions regarding religion-based retailers, religious hospitals, and other businesses. Is it created for profit? Does it make a secular product? Do articles of incorporation state a religious purpose? All of these considerations may matter. This issue goes way beyond practicing a religion. Consider same sex marriage, certain behaviors, and reproductive rights. Hear how quickly employer and employee rights can conflict. Is a Supreme Court showdown on the horizon?  Mentioned in This Episode: Title VII of the Civil Rights Act of 1964, EEOC [https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964] “Ninth Circuit Rules in Favor of Employers in Two Recent Religious Discrimination Cases,” New York University School of Law [https://wp.nyu.edu/compliance_enforcement/2026/01/21/ninth-circuit-rules-in-favor-of-employers-in-two-recent-religious-discrimination-cases/] “LeBoon v. Lancaster Jewish Community Center Association,” U.S. Third Circuit Court [https://caselaw.findlaw.com/summary/opinion/us-3rd-circuit/2007/09/19/152638.html] “McMahon v. World Vision,” Ninth Circuit Court [https://cdn.ca9.uscourts.gov/datastore/opinions/2025/08/05/24-3259.pdf] “Union Gospel Mission of Yakima Washington v. Brown,” U.S. Ninth Circuit Court [https://cdn.ca9.uscourts.gov/datastore/opinions/2026/01/06/24-7246.pdf] “Conway v. Mercy Hospital St. Louis,” Justia.com [http://justia.com] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]

Where Immigration and Employment Laws Collide, A Global Perspective

Coming to us from the November ABA Labor and Employment Section’s annual conference, we bring together two employment law experts with unique perspectives on the nexus of immigration and employment law. Representing workers, guest Monica Guizar works with the Service Employees International Union, while Marcia Longdon of the firm Kingsley Napley brings an employer – as well as an international – perspective.  Dramatic policy shifts crafted by the Trump Administration’s immigration policies are shaking up both immigration and employment law. Recently, Guizar says, we’ve seen immigration raids at workplaces, along with mass deportations. In some cases, the U.S. government has even removed legal status from workers who previously had permission to work. Even workers on skilled labor visas are impacted.  Based in the United Kingdom, Longdon sees some similarities in policy shifts both there and in the U.S. as politics plays a role in immigration and labor issues. She explains international guidelines for hiring workers across borders to fill specific needs.  One thing is clear, workers, employers, and employment lawyers are left to untangle swirling regulations and enforcement policies. Now throw in individual state laws and union representation issues. It’s a new world.  Mentioned in This Episode: U.S. Department of Labor, Project Firewall [https://www.dol.gov/newsroom/releases/osec/osec20250919] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]

Former EEOC Chair Charlotte Burrows on the State of Workplace Protections

Live from Denver and the ABA Labor and Employment Law Section Annual Conference, a conversation with guest Charlotte Burrows on gender discrimination and the status of the EEOC (Equal Employment Opportunity Commission).  Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law.  When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity.  Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing.  Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others. Live from Denver and the ABA Labor and Employment Law Section Annual Conference, a conversation with guest Charlotte Burrows on gender discrimination and the status of the EEOC (Equal Employment Opportunity Commission).  Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law.  When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity.  Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing.  Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others. Mentioned in This Episode: Equal Employment Opportunity Commission [https://www.eeoc.gov/overview] Meritor Savings Bank v. Vinson, Wikipedia [https://en.wikipedia.org/wiki/Meritor_Savings_Bank_v._Vinson] EEOLeaders.org  [http://eeoleaders.org] EEOC Title VII [https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]

Get the Scoop! The ABA LEL Section Annual Conference, Nov. 12-15

The 2025 ABA Labor and Employment Section annual conference is scheduled for Nov. 12-15 in Denver. In this episode, get a preview of the conference from planning committee co-chair Jeremy Glenn, host committee co-chair Anne Shaver, and Section chair Jason Marsili.  This is the 19th annual signature conference for the Section. It’s a great chance for members to earn a year’s worth of CLE credit at one location and a great place to network (plus, Denver is a fantastic city).  Brush up and hear the latest developments in your own niche area of specialization or get a feel for areas where you might not regularly work. There’s been a seismic shift in federal employment oversight this year making it an interesting time to work in labor and employment law.  Plus, hear how artificial intelligence, AI, is working its way through the legal community. Where does it make your life easier, and where does it create ethical issues?  Resources: ABA Labor and Employment Law Section Annual Conference Nov. 12-15 [https://events.americanbar.org/event/7c83c93e-03c0-46e5-a7b5-a45f1b915e69/summary] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/] History Colorado Center [https://www.historycolorado.org/history-colorado-center] History Colorado Sand Creek Massacre [https://www.historycolorado.org/sand-creek-massacre-traveling-exhibition] History Colorado “The 90s: Last Decade Before the Future” [https://www.historycolorado.org/exhibit/the-90s] Denver Art Museum [https://www.denverartmuseum.org/en] Meow Wolf [https://meowwolf.com/visit/denver] Casa Bonita (you really do need a reservation) [https://www.casabonitadenver.com/]