For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed...more
Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more
11/24/2021
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Harassment ,
Multidistrict Litigation ,
OSHA ,
Paid Family Leave Law ,
Regulatory Oversight ,
Sexual Orientation ,
Stays ,
Termination ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Things just got more complicated in Tennessee for private employers wrestling with COVID-19 vaccines. On October 30, the Tennessee Legislature passed an omnibus COVID-19 bill that does not entirely line up with the current or...more
We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more
10/13/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Reasonable Accommodation ,
Religious Discrimination
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more
9/9/2021
/ Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Preferred Treatment ,
Retaliation ,
Sex Discrimination ,
Summary Judgment ,
Termination ,
Title VII ,
Workplace Romances
You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII. After that decision,...more
7/20/2021
/ Bostock v Clayton County Georgia ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
New Guidance ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The United States Court of Appeals for the Fifth Circuit recently reiterated the importance of engaging in the interactive process with employees seeking disability accommodations. This case serves as a helpful reminder,...more
The EEOC updated its very clearly titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” last week to provide some much needed guidance on COVID-19 vaccine issues. While the...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Documentation ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations
Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling...more
5/20/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Masks ,
New Guidance ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations
Do you typically include a “no rehire” clause in your settlements with soon to be former employees? How about agreements with other companies that you will not “poach” each other’s employees? If your answer to either of those...more
Employers seeking to diversify their workforces need to remember that Title VII’s prohibition on class-based discrimination still applies — even if your motives are pure. The EEOC announced that it settled a lawsuit in which...more
The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data...more
On March 2, 2021, President Biden announced that there will be enough COVID-19 vaccines for “every adult” in the United States by the end of May 2021. Given the current lack of vaccine availability, this announcement signals...more
The EEOC is trying to make it easier to get information about employment trends and has launched EEOC Explore, “an interactive data query and mapping tool” that gives you access to aggregate data on more than 56 million...more
Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more
11/25/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Gender Identity ,
Joint Employers ,
NLRB ,
Popular ,
Screening Procedures ,
Sexual Orientation Discrimination ,
Vaccinations ,
Workplace Harassment Guidance
In true 2020 style, this year’s general election was one for the history books. While the presidential race has been called in favor of President-Elect Joe Biden, the inevitable legal challenges are looming. Meanwhile,...more
11/12/2020
/ Affordable Care Act ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Minimum Wage ,
NLRB ,
State and Local Government ,
Wage and Hour
Law and Practice -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more
10/22/2020
/ Black Lives Matter ,
Coronavirus/COVID-19 ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Gig Economy ,
Harassment ,
Health and Safety ,
Interviews ,
New Guidance ,
NLRB ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Restrictive Covenants ,
Social Distancing ,
State and Local Government ,
Technology Sector ,
Unions ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
This year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs,...more
10/9/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Influenza ,
Legislative Agendas ,
Objections ,
OSHA ,
Vaccinations
In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle.
EEOC Issues Opioid Accommodation Guidance -
While employers have...more
9/22/2020
/ Ban the Box ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Governor Cooper ,
Governor Kemp ,
Governor Lee ,
Health Care Providers ,
Lactation Accommodation ,
Medication-Assisted Treatment (MAT) ,
Opioid ,
OSHA ,
State and Local Government ,
State Legislatures ,
Substance Abuse ,
Written Notice
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer...more
In the COVID-19 era, many employers and businesses are wrestling with unprecedented issues. You can add one more to the list: Can you have your employees ask a customer who refuses to wear a mask because of a claimed...more
8/12/2020
/ Americans with Disabilities Act (ADA) ,
Business Ownership ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Customers ,
Direct Threat Defense ,
Disabilities ,
Equal Employment Opportunity Commission (EEOC) ,
Mandatory Requirements ,
Masks ,
Personal Protective Equipment ,
Public Accommodation
The EEO-1 report — who doesn’t love preparing that? With recent changes it has only gotten more fun. Many employers waited for the EEO-1 reporting portal to open for the March 31, 2020 reporting deadline, but it never did....more
In hiring employees, can you just give them a salary bump or must you look at their soon-to-be coworkers to decide the correct amount? This is a hotly debated issue right now, and, as with many things, it depends on where you...more
The EEOC just amended its Q&A document on COVID-19 testing to address what COVID-19 testing employers can require. At this time (and it could change), the EEOC says that the ADA does not allow employers to require antibody...more
As states begin to ease COVID-19 restrictions and individuals start to determine their own levels of acceptable risk, employers face yet another set of issues related to getting employees back to work. After many of you...more