Over two decades ago, in Brown v. Brody, 199 F.3d 446, 457 (DC Cir. 1999), the DC Circuit held that an employer that discriminatorily denies or forces an employee to accept a job transfer violates Title VII only if the...more
Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language...more
This week, in a memorandum addressed to all Regional Directors, Officers-in-Charge, and Resident Officers, the Board’s Office of the General Counsel announced a new protocol designed to advance immigrant worker protections to...more
On his first day in office, President Biden took the unprecedented step of terminating NLRB General Counsel Peter Robb, without cause and before his statutory term expired. Biden named Peter Sung Ohr as Acting General...more
Last week, Maryland’s General Assembly overroad Governor Larry Hogan’s veto to enact the Time to Care Act of 2022 (TCA). With that, Maryland joined the growing list of jurisdictions -- including California, Colorado,...more
We’ve reported on Virginia’s first-in-the-nation, state-wide, permanent COVID-19 workplace standard. Last month, concluding that COVID-19 “no longer poses a ‘grave danger’ to employees,” the state’s Safety and Health Codes...more
Section 10(j) of the National Labor Relations Act authorizes the NLRB to seek temporary federal court injunctions to stop employers and unions from engaging in unfair labor practices while a case is being litigated before the...more
In March 2020, the Department of Labor issued a rule billed as a measure designed to increase labor union financial transparency.
Generally, it required unions with $250,000 or more in total annual receipts -- which must...more
Last week, we reported on the District of Columbia’s newly-announced requirement that certain indoor facilities verify that patrons, ages 12 and over, are vaccinated against COVID-19. Here’s some additional information that...more
In November, with the pandemic apparently subsiding in DC, Mayor Muriel Bowser eased the City’s indoor mask mandate. On December 20, with COVID-19 cases again on the rise, Mayor Bowser declared a new state of emergency and...more
Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations.
The update explains and clarifies the...more
11/23/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Law Violations ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Title VII ,
Workplace Safety
We have reported on OSHA Emergency Temporary Standard (“ETS”), published on November 5th, that mandates that covered employers require their employees to be fully vaccinated against COVID-19 or obtain weekly COVID-19 tests...more
On November 12, the Fifth Circuit extended its stay on OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get...more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued its Omnibus Staff Vaccination Rule, mandating that all Medicare and Medicaid-certified facilities regulated under Medicare health and safety...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Earlier this week, the EEOC updated its COVID-19 Technical Assistance.
This time to address how Title VII applies when an applicant or employee requests a religious exception to an employer’s COVID-19 vaccination mandate. ...more
Last week, in a memorandum to NLRB regional directors, officers in charge, and resident officers, Board General Counsel Jennifer Abruzzo said scholarship athletes who generate millions for their schools “are employees under...more
The order authorizes businesses and other organizations to exclude or refuse service to individuals who aren’t wearing a mask and to ask them to leave the premises.
Following the latest CDC mask-wearing guidance, discussed...more
Effective August 2, 2021, Virginia’s Health and Safety Codes Board adopted OSHA’s, June 21, 2021, Emergency Temporary Standard (ETS) to protect healthcare and healthcare support service workers from occupational exposure to...more
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefits another person – B. (Under the FLSA, “person” means “any individual, partnership, association, corporation, business trust,...more
Perhaps you’ve seen it: A gigantic, inflatable, plastic, fanged, red-eyed, and beclawed rat, nicknamed Scabby, that unions sometimes deploy when protesting non-union businesses. Former NLRB General Counsel targeted Scabby for...more
We reported on the conciliation procedures that the EEOC proposed during the Trump administration’s waning months. Those procedures, with some revisions, took effect in February 2021.
Some complained that the new...more
Last week, in a major break from its policy under the Trump administration, the US Department of Education's Office for Civil Rights issued a Notice of Interpretation, explaining that it will enforce Title IX's prohibition...more
On Wednesday, President Biden signed legislation establishing the 11th national holiday, Juneteenth National Independence Day.
Juneteenth commemorates the day, June 19, 1865, more than two years after President Lincoln...more
This week, to observe LGBTQ+ Pride Month and the anniversary of the US Supreme Court ruling in Bostock v. Clayton County, holding that firing employees due to their sexual orientation or transgender status violates Title...more